Law:

Section:

Penal Code (XLV of 1860)-----Ss. 302, 307, 323 & 324 read with Ss. 148 & 149--Constitution of Pakistan (1973), Art. 185(3)--Appreciation of evidence--Prosecution witness admitting that he was convicted and sentenced to imprisonment for an offence under 5.325, Penal Code at the instance of a brother of one of accused, who were all closely related inter se, and that he was a witness against one of accused in an earlier criminal case--High Court, held, was justified in not regarding such witness as an independent or disinterested witness--Petition for leave to appeal dismissed. ORDER SAAD SAOOD JAN, J.--The respondents in this petition were convicted by the Additional Sessions Judge at Sialkot of the offences under sections 302, 307, 324 and 323, read with section 149, and section 148 of the Pakistan Penal Code for causing the death of Yunis Khan, making a murder assault on Ilyas Khan, causing injuries with sharp-edged and blunt weapons to Muhammad Sharif, Ghulam Rasool and Muhammad Khan and committing rioting. They were sentenced to imprisonment for life on the charge under section 302 and to serve various terms of imprisonment on other counts, in addition to fines. Together with them four other persons were also tried on the same charges but they were acquitted by the learned Additional Sessions Judge. On appeals by the respondents, the High Court set aside their convictions and sentences and acquitted them of all the charges. Rahim Khan, a member of the complainant party who lodged the F. I. R. has preferred this petition to seek leave to appeal from the Judgment of the High Court. 2. Both parties resided in village Mandi Khail of Tehsil Shakargarh. There was serious enmity between them and they had been involving each other in criminal cases. The occurrences took place on 31-10-1976, at 10 a.m., at the cane-crusher of Ghulam Rasool where according to the version of the prosecution, the deceased, Ilyas Khan, Muhammad Sharif, Muhammad Khan and Ghulam Rasool had gathered to crush sugar-cane: The respondents armed with dangs, hatchet, spears and chhuris came there and launched an attack upon the members of the complainant party. As a result Yunis Khan…

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