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1987 SCMR 662 Present: Aslam Riaz Hussain, Muhammad Afzal Zullah and Mian Burhanuddin Khan, JJ ABDUL REHMAN SHAH--Petitioner. Vs KHURSHID AHMAD SHAH and others--Respondents Criminal Petition for Special Leave to Appeal No. 279 of 1980, decided on 10th February, 1980. (Against the of the Lahore High Court, Lahore, dated 28-4-1980, passed in Criminal Appeal No. 950 of 1978). Constitution of Pakistan (1973)-- ---Art. 185(3)--Penal Code (XLV of 1860), S. 302--Criminal Procedure Code (V of 1898), S. 417--Evidence Act (I of 1872), S. 32--Acquittal-­Contention that in circumstances of case, respondent's conviction could be based solely on dying declaration and in any case it could be used as an independent corroborating testimony of eye-witnesses--Leave to appeal against acquittal granted for re-appraisal of evidence on record to ensure that High Court had followed well-settled principles of appreciation of evidence in criminal cases. Mahmood A. Qureshi, Advocate-on-Record for Petitioner. Mian Nusratullah, Advocate Supreme Court for the State. Date of hearing: 10th February, 1985. ORDER ASLAM RIAZ HUSSAIN, J.--This petition by Abdur Rehman Shah is directed against the acquittal of Khurshid Ahmad Shah, Zahoor Ahmad Shah, Riaz Hussain Shah, Sadar Din Shah and Ghulam Sarwar, respondents, of the charge of murder. 2. Mubarik Ali Shah, the deceased in this case, was an Advocate. He was pursuing a previous case under section 307, P.P.C. which had been got registered by Rashid Ahmad the brother of Abdur Rehman Shah complainant against some members of the accused party involving Mubarik Ali Shah (deceased). The accused-party had, therefore, a grudge against him. He was murdered by the respondents on the 25th of August, 1975, by inflicting numerous Lathi blows on him. During the autopsy he was found to have been given as many as 24 injuries, many of which were contusions. Before succumbing to these injuries he made a dying declaration about the incident naming the respondents as his assailants. 3. In support of its case the prosecution relied on the testimony of the four eye-witnesses, i.e. Abdur Rehman P.W.7, Hakim P.W.8, Ghulam Qadir P.W.11 and Lai P.W.11. 4. The learned…

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