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Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860) S. 302/307/34--Interested witness--Testimony of--Rule of prudence--Petition against acquittal-­Prosecution based on uncorroborated ocular testimony of highly interested injured witness--Possibility of false involvement due to enmity and suspicion not ruled out--Plea that where there is extreme enmity between parties then on a testimony of even an injured interested witness which is uncorroborated and is to be considered as unreliable, there would be never any conviction and sentence, repelled--Held, whenever there is background of enmity between parties, principle to be applied in such circumstances is of abundant caution which is rule of prudence--High Court having properly applied aforesaid principle and no ground having been' made out for interference, leave to appeal was refused. ORDER JAVID IQBAL, J.-- This petition for leave to appeal has been filed by Mst. Hameeda Bibi petitioner against the acquittal of Muhammad Afzal and Abdul Sattar respondents. The aforesaid two respondents alongwith Muhammad Kalim and Muhammad Jamil were tried by the Additional Sessions Judge Rahimyar Khan under sections 302/307/34, PPC for the murder of Riazul Haq deceased and murderous assault on his brother Irshadul Haq PW, and vide judgment, dated 25th March, 1978 the present two respondents were sentenced to death plus fine under sections 302/34, PPC as well as to seven years' RI each plus fine under sections 307/34, PPC. Their two co-accused namely Muhammad Kalim and Muhammad Jamil were acquitted. The Lahore High Court Bahawalpur Bench in appeal vide judgment, dated 17th February, 1980 acquitted the two respondents. Hence the present petition for leave to appeal. Briefly the facts are that the occurrence took place at 9 p.m. on 23rd March, 1976 in Chak No.78/P, Kot Sammaba District Rahimyar Khan. The F.I.R. was lodged at 11 p.m. on the same day by Jafar Hussain P.W. maternal uncle of the deceased at Police Station Kot Samaba. The present respondents were arrested on 25th March, 1976. No crime empty was picked up from the spot except lead of bullet but from both the petitioners were recovered revolvers…

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