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Penal Code (XLV of 1860)-----S. 302--Constitution of Pakistan (1973), Art. 185(3)--Petition against acquittal--High Court had assessed evidence carefully and minutely while acquitting accused--Leave to appeal was refused. ORDER JAVID IQBAL, J.--This petition for leave to appeal has been filed by Saleh Muhammad complainant-petitioner against respondents 1 to 7 namely, Ghulam Sarwar, Muhammad Aslam, Ghulam, Bashir son of Faqir Muhammad, Bashir son of Nazar Muhammad, Waris and Ghulam Hussain who were tried for offences under section 302/149/148/323, P.P.C. vide judgment of the Additional Sessions Judge Multan dated 18th October, 1977 all of them were convicted under section 302/149, P.P.C., and Ghulam Hussain respondent was sentenced to death plus fine whereas all the rest were sentenced to imprisonment for life each plus fine. Respondents 1 to 7 were also convicted under section 148, P.P.C. and sentenced to one year's R.I. each. Similarly they convicted under section 323/149, P.P.C. and each of them was sentenced to 3 months' R.I. The sentences were ordered to run concurrently. In appeal before the Lahore High Court Multan Bench vide judgment dated 15th February, 1981 all of them were acquitted. Hence the present petition for leave to appeal against the order of their acquittal. The deceased in this case is Ghulam Rasul real brother of Saleh Muhammad complainant-petitioner who was also injured in the course of the occurrence which took place on 17th February, 1977 at noon time in the village field. F.I.R. was lodged on the same day at 4-30 p.m. The respondents were arrested on 19th February, 1977. Recoveries in this case are of no consequence as these were not found to be stained with blood. The case of the prosecution is based mainly on the ocular testimony of the three eye-witnesses namely Saleh Muhammad P.W. complainant-petitioner, Muhammad Bakhsh P.W. and Muhammad Ramzan, P.W. The motive advanced in this case is that Ghulam Hussain respondent had illicit relations with Mst. Begum daughter of Nazar Muhammad maternal-uncle of the deceased and Saleh Muhammad complainant-petitioner. A month before the present occurrence he was beaten up due to this reason by them…

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