Law: Penal Code (XLV of 1860)

Section: 302/334

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--   ---S.302/34--Constitution of Pakistan (1973), Art.185(3)--F.I.R. lodged promptly but omitting names of some accused persons--Crime empties recovered from spot matching with weapons recovered from accused--Previous enmity between parties--Leave to appeal granted against only those acquitted accused from whom the weapons allegedly recovered matched with crime empties--Warrants of arrest ordered to be issued against such accused. ORDER MUHAMMAD AFZAL ZULLAH, J.--Complainant-side, in a murder case, has sought leave to appeal from judgment dated 10-5-1982 of the Lahore High Court; whereby accused/ respondents Nos.1 to 7 were acquitted and the sentences of death awarded to Usman and life imprisonment to the other respondents besides fine to all, were set aside. The salient features of the case given at the bar from the petitioner side are as follows: Three persons lost life in the occurrence which took place at 7 a.m. during the month of December in 1973. F.I.R. was prompt­ lodged at 8-30 a.m. The attack by the accused side was with fire-arms. Besides, the said seven respondents three other persons: namely, Khan Muhammad alias Khan, Shaman and Noor Ahmad who were not mentioned in the F.I.R. as culprits, were acquitted by the trial Court Crime empties recovered from the spot matched with weapons­ recovered from Chiragh, Said Muhammad, Muhammad Amin and Khan Muhammad accused. Khan Muhammad, as noted above, was acquitted by the trial Court. Faiz another accused from whom a gun was allegedly recovered is not shown to have been connected through the matching of any crime empty. There was enough previous enmity between the parties so as to become a cause for the attack as alleged by the prosecution. It may be remarked that same enmity could also be a cause for false implication in such an occurrence. According to the prosecution case as it developed at the trial, the occurrence could be divided into two parts: one, in which the three acquitted accused could not have been seen by some witnesses including the complainant; and the other which was witnessed by only those persons who had no contact with the complainant before he went to lodge…

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