Law: Penal Code (XLV of 1860)

Section: 302/34

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--   ---S.302/34--Constitution of Pakistan (1973), Art. 185(3)--Appraisal of evidence-- Conviction under S.302/34, P.P.C. based on ocular testimony of eye-witnesses and recovery of blood-stained weapons--High Court holding that motive was not established; eye-witnesses who belonged to a different village had not satisfactorily explained their presence at the spot at relevant time, and doubting credibility of recovery evidence and Investigating Officer, set aside conviction of accused--High Court having given substantial reasons for not accepting ocular testimony and rejecting recovery evidence and there being sufficient basis for taking view that motive was not satisfactorily proved, no case for grant of leave to appeal was made out--Petition dismissed. ORDER SAAD SAOOD JAN, J.--These are two petitions for special leave to appeal from the judgment dated 26-4-83 of the Lahore High Court whereby the conviction of the respondents under section 302, read with section 34, of the Pakistan Penal Code, recorded by the Sessions Judge at Bahawalpur, was set aside and they were acquitted. The petitioner is a nephew of Shah Muhammad who was alleged to have been killed by the respondents. 2. One Mst. Ghulam Fatima was a widow. She owned about 60 bighas of land. On account of the property owned by her a number of persons including Qadir Bakhsh, respondent, wanted to marry her but she rejected their suits and instead married Shah Muhammad deceased. The respondents were alleged to be unhappy over this marriage. This was stated to be the motive for the occurrence. 3. It was alleged by the prosecution that on 27-4-80, at about Maghrib time, Shah Muhammad deceased was busy in irrigating his land. The respondents came there. Qadir Bakhsh and Iqbal were carrying chhuris while Muhammad Aslam and Nazir Ahmad were armed with hatchets. They attacked the deceased with their weapons and in the process cut off his hands. On hearing the alarm, Khan Muhammad (PW9) and Piran Ditta, cousin and nephew of the deceased, and one Rafiq reached the spot and witnessed the occurrence. Shah Muhammad deceased died shortly after receipt of the injuries.…

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