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)--Appreciation of evidence-- Conflicting versions of occurrence--Acceptance of defence version--Accused sustaining fire-arm injuries--Prosecution witnesses being interested and hostile. disbelieved-- Conflicting versions of incident given by prosecution and defence--Defence version being supported by medical evidence and record indicating that F. I. R. lodged by accused was prior in time--High Courts acceptance of defence version in circumstances held was justified--No ground having been made out for interference, leave to appeal refused. ORDER JAVID IQBAL, J.--This petition for leave to appeal has been, filed by Ahmad Nawaz petitioner and is directed against the judgment dated 24th March, 1984 of the Lahore High Court Lahore. Briefly the facts are that Khan Zaman and Fatoi Khan respondents were charged under section 302/34, P.P.C. and vide judgment dated 25 April, 1981 of the Additional Sessions Judge Attock both of them were convicted under the aforesaid sections and Khan Zaman respondent was sentenced to death plus fine whereas Fatoi Khan respondent was sentenced to imprisonment for life plus fine. On appeal the Lahore High Court, Lahore vide the impugned judgment acquitted both the respondents. The deceased in the instant case is Mehr Khan who is father of Ahmad Nawaz petitioner. The occurrence took place on 17 August, 1980 at 7-30 a. m. in Kotha Dhok Dakhali, Police Station Lawa, District Attock. The F.I.R. was lodged by Safdar Ahmad PW. Both the respondents were arrested on 19 July, 1980 in the Hospital Talagang. From Khan Zaman respondent was recovered human blood-stained Vahola whereas from Fatoi Khan respondent was recovered a stick not stained with blood. There are two eye-witnesses of the occurrence namely Safdar Ahmad and Lal Khan P.Ws. Both of them were related to the deceased and had been considered as interested witnesses. According to the prosecution version the motive was that the deceased had purchased some land from one Nur Khan brother-in-law of the two respondents. At the behest of the two respondents one Mehl Khan brought a pre-emption suit which was…

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