Law:

Section:

Penal Code (XLV of 1860)-----S. 302/34--Constitution of Pakistan (1973), Art. 185!3)-­Appreciation of evidence--Prosecution case based upon ocular testimony of three eye-witnesses, evidence of motive and medical evidence-­Acquittal of accused in appeal, challenged--Leave to appeal granted to consider whether well-established principles of appreciation of evidence in criminal cases had been observed by High Court--Bailable warrants to issue against acquitted accused. ORDER ASLAM RIAZ HUSSAIN, J.-- Umar Din petitioner has filed the present petition for leave to appeal against the Judgment of the High Court dated 7-12-1981 acquitting Faiz Ahmed and Nasir Mahmood respondents who were accused of the murder of Abdus Sattar. 2. Motive for the offence is stated to be that 3/4 months before the occurrence it was generally rumoured in the village that Mst. Kauser, sister of Nasir Mahmood accused had become pregnant due to her illicit relations with Faiz Ahmad accused. Both the accused had threatened Abdul Sattar deceased as they hold him responsible for circulating the rumour. 3. Prosecution version briefly stated is that on the night between 21/22-5-1976, when Umar Din (PW.5) alongwith his son Abdul Sattar deceased, was sleeping in his land to protect his wheat "Pir", some time after mid-night, he was awakened by the sound of footsteps. A lantern was burning nearby. He saw both the accused armed with hatchets near the cot of his son. Faiz Ahmed accused raised a lalkara and Nasir Mahmood accused inflicted a hatchet injury on the neck of the accused who died as a result thereof. The occurrence was witnessed by Hakim Ali (PW.8) and Imam Din (PW.9) who were going to irrigate their land and were attracted to the place of occurrence by the noise raised during the incident. 4. In support of its case the prosecution relied upon the ocular testimony of three eye-witnesses namely Umar Din (PW.5), Hakim Ali (PW 8) and Imam Din (PW.9); the recoveries of hatchet's from the two accused-respondents; the evidence of motive and the medical evidence. The hatchets were not found to be stained with blood. The learned trial Court, however, relied on the remaining evidence and convicted the…

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