Law:

Section:

Penal Code (XLV of 1860)-----S. 302/34--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal, grant of--Appraisal of evidence--Meditation against acquittal-­Delay in lodging of F. I. R.--Prosecution failing to explain delay and injuries suffered by accused party--Order of acquittal upheld in revision--High Court taking view that complainant party being aggressor, accused respondent might have caused a single injury to deceased in exercise of his right of self-defence--Plea that there was no justification for acquitting accused and his companion when his knife blow to deceased had proved fatal, not entertained--Correct appraisal of evidence having been made by two Courts below no interference was called for--Leave to appeal refused. ORDER JAVID IQBAL, J.-- This petition for leave to appeal has been filed by Hadayat Khan petitioner against the acquittal of Muhammad Nawaz and Gul Bahar by the Lahore High Court, Lahore vide its judgment, dated 8th November, 1980. Muhammad Nawaz and Gul Bahar were tried by the Additional Sessions Judge, Rawalpindi under sections 302/34, P.P.C. for committing the murder of Abid Hussain deceased son of Hadayat Khan petitioner, but they both were acquitted. Thereafter, the present petitioner filed a revision in the Lahore High Court, Lahore against their acquittal which was dismissed. The occurrence took place on 23rd May, 1977 at 8 p.m. in Lehri Di Dheri, village Salitha, Police Station Kahuta, District Rawalpindi. The FIR was lodged by Hadayat Khan petitioner father of the deceased at 7-15 a.m. on 24th May, 1977. There are no recoveries in this case from Muhammad Nawaz and Gul Bahar. However, there were two eye-witnesses namely Mazhar Hussain and Ghulam Rabbani PWs who are cousins inter se and related to the petitioner. Mazhar Hussain PW had received injuries in the course of the occurrence. According to the medical evidence the deceased had one incised wound on the abdomen whereas Mazhar Hussain PW had two incised injuries and one abrasion on his person. These injuries were simple in nature. However, Muhammad Nawaz respondent had more than 9 injuries on his person in the form of contused wounds, incised wounds, abrasions…

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