Law:

Section:

Constitution opt Pakistan (1973)-­---Art. 185(3)--Penal Code (XLV of 1860), S. 302--Acquittal of accused under S. 302, P.P.C.--Leave to appeal granted to consider whether or not evidence in case had been appraised in accordance with well-established principles of administration of criminal justice-­ Non-bailable warrants issued against acquitted accused in consequence of grant of leave to appeal. ORDER JAVID IQBAL, J.--This petition of leave to appeal has been filed by the State against the judgment of the Lahore High Court Lahore dated 21 January 1981 whereby respondents Draz and Talib were acquitted and the conviction of respondent Faiz was altered from one under section 302 PPC to that under section 304 Part I PPC reducing his sentence from death to that of three years' RI on each count with no fine and the direction that the sentences shall run concurrently. Briefly the facts are that respondents Draz, Talib and Faiz along with Sultan co-accused were tried under sections 302/34 PPC for the murders of Abdullah aged 55 and Mst. Iqbal Bibi aged 20, and vide judgment of the trial Court dated 23rd August 1978 Draz, Talib and Faiz respondents were sentenced to death plus fine whereas Sultan co-accused was acquitted. In appeal before the Lahore High Court Lahore a Division Bench vide judgment dated 21st January 1981 acquitted Draz and Talib respondents whereas the conviction and sentence of Faiz respondent was altered as stated above. The occurrence took place at 2 p.m. on 15th November, 1976. Abdullah deceased was murdered in the field of the village whereas Mst. Iqbal Bibi deceased was murdered in her house in village Abadi, Sipranwali. Police Station Atharahazari. The F.I.R. was lodged by Mst. Aisha Bibi PW wife of Abdullah deceased on the same day about two hours after the occurrence. All the members of the accused party were arrested on the next day. No recovery was effected from Sultan co-accused but from the present three respondents were recovered human blood-stained hatchets and taken into possession by the police. There are three eye-witnesses of the occurrence, namely, Mst. Aisha Bibi PW wife of Abdullah deceased, Ahmad Bakhsh PW and Mohammad Nawaz PW.…

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