Law: Pakistan Penal Code, 1860

Section: 302/34

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)-­   ---S.302/34--Constitution of Pakistan (1973). Art. 185(3)--Appeal against acquittal-- Appraisal of evidence--Identification of culprits-­Dark night occurrence--Motive and presence of lantern to facilitate identification of accused, disbelieved--Prosecution failing to establish its case against accused beyond any shadow of doubt--Acquittal by High Court by giving benefit of doubt, challenged--View of evidence taken by High Court not in violation of any principle or provision of law--Point urged relating only to appraisal of evidence--Leave to appeal refused.   (b) Penal Code (XLV of 1860)--   ---S.302--Constitution of Pakistan (1973), Art. 185(3)--Identification of assailants to be established beyond doubt--Appeal against acquittal--Accused given benefit of doubt--Dark night occurrence-­Prosecution witness identifying assailants in light of lantern and coming to know of their names and addresses afterwards--Plea that natural witnesses had opportunity to witness occurrence and to identify accused, repelled--Held: Such an identification without an identification parade which could link it with the accused would not be sufficient-­Leave to appeal refused. ORDER SHAFIUR RAHMAN, J.- The petitioner, a complainant, seeks leave to appeal against the judgment of the Lahore High Court dated the 12th of January, 1981 whereby the five respondents convicted of the offences under sections 302/149, 148 and 458 P.P.C. were acquitted of the charges and ordered to be released forthwith. The sentence of death awarded to Noora was not confirmed. Mst. Jannat (P.W.11) was, according to the prosecution case, engaged to Noora, respondent No. 1 but the engagement was not honoured and she was married to Haq Nawaz, the deceased about five months before the occurrence. On the night of 5th/6th September, 1979, the family of Haq Nawaz was asleep in their house in village Mandhora Kalan at the distance of six miles from the Police Station Jalalpur Bhattian, District Gujranwala. At night Mst. Jannat Bibi (PW.9) his sister was awakened by the foot-steps of a number of persons who had scaled over the wall and entered the courtyard. There was a…

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