Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--Ss.302, 149 & 148--Constitution of Pakistan (1973), Art.185(3)--Discrepancy in the dates of recoveries as stated by the attesting witnesses and the police officer noticed and consequently recoveries had not been relied upon as having been genuinely effected from the accused party--Ocular testimony was found interested and in conflict with the medical evidence--Witness, said to be an independent witness in his cross-examination had excluded the participation of all the accused except one in the occurrence--Eye-witnesses had been disbelieved because their conduct was held to be unnatural and possibility of their being not present could not be excluded--Motive evidence was not considered of any value so as to advance the prosecution case--Accused, held, were rightly given benefit of doubt in circumstances. Ch. Ikramul Haq Naseem, Advocate Supreme Court, instructed by Sh. Salahuddin, Advocate-on-Record for Petitioner. Nemo for Respondents Nos.1 to 6. M. Akhtar, Additional Advocate-General with Abdus Samad Hashmi, Advocate Supreme Court for the State. Date of hearing: 7th March, 1989. ORDER JAVID IQBAL, J.--This petition for leave to appeal is directed against the judgment of the Lahore High Court, Lahore, dated 11th December, 1985 whereby respondents Nos. 1 to 6, except Muhammad Amin, were acquitted. Muhammad Amin had already been acquitted by the trial Court. This petition is against acquittal of the rest of them by the High Court. Briefly the facts are that respondents Nos. 1 to 6 were tried for offences under section 302/148/149, P.P.C. but vide judgment of the trial Court Muhammad Amin was acquitted whereas the other respondents were convicted under sections 302/149, P.P.C. and each of them was sentenced to life imprisonment plus fine. Each of them was further convicted under section 148, P.P.C. and sentenced to one year's R.I. On appeal as stated above they had been given the benefit of doubt and acquitted. The deceased in this case is Muhammad Tufail. The occurrence took place at 7-30 a.m. on 5th October, 1971 within District Kasur. F.I.R. was lodged by father of the deceased, the present petitioner on the same day a few hours…

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