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Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), 5.302--Acquittal of accused recorded by High Court--Petition against acquittal--Leave to appeal granted to consider whether there was sufficient circumstantial evidence on basis of which accused could be convicted and sentenced for murder of deceased. ORDER JAVID IQBAL, J.--This petition has been filed by Abdul Qadir Awan Petitioner father of Mst. Farzana Malik deceased against Shaukat Ali respondent who had been acquitted of an offence under section 302 PPC for the murder of Farzana Malik, a nurse, by the Lahore High Court Lahore vide judgment dated 29th March, 1980. The petition for leave to appeal is directed against the acquittal of the respondent by the Lahore High Court. Briefly the facts are that Shaukat Ali respondent was tried under section 302 PPC for the murder of Mst. Farzana Malik, a nurse, by the learned Additional Sessions Judge Lahore who vide his judgment dated 11th February, 1978 convicted him under section 302 PPC and sentenced him to death. In appeal the Lahore High Court, Lahore vide its judgment dated 29th March, 1980 accepted his appeal and giving him the benefit of doubt acquitted him. The deceased in this case was a nurse in Lady Willingdon Hospital Lahore. The occurrence took place at 7-30 p. m. on 24th May, 1977 at Lady Willingdon Hospital Lahore. The FIR was lodged by Saeed Hassan PW Chaukidar in the said hospital on the same day at 8-30 p. m. at Police Station Tibbi City Lahore. The respondent Shaukat Ali was arrested on 25th May, 1977. Human blood-stained Chhuri is stated to have been recovered at the instance of Shaukat Ali respondent on 27th May, 1977 but this recovery had not been relied upon. No motive is given in the FIR except that there was some kind of relationship between the deceased and the respondent. The eye-witnesses produced by the prosecution were Saeed Hassan, Mohammad Aqil Khan, Mohammad Siddiq and Abdul Wajid PWs. These eye-witnesses appear to have resiled from their statements under section 161 Cr. P.C. Saeed Hassan PW who was the first informant also did not support the FIR. The occurrence as mentioned in the FIR is that the deceased who…

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