Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--S.302--Criminal Procedure Code (V of 1898), S.417(2)--Constitution of Pakistan (1973), Art. 185(3)--Reappraisal of evidence--Unnoticed crime-­Prosecution was able to make out a case free from doubt against accused-­Parties were inter-related as complainant was father of deceased and brother of accused while prosecution witness was the brother of deceased and all other accused were the sons of main accused--Besides complainant, the other two witnesses, brother of deceased and another witness did not support prosecution case and according to record the said another witness was won over by the defence--Case was of its peculiar type and two compatible parallel theories existed between prosecution and the defence version, out of which the latter appeared to be more reasonable and plausible--Other pieces of evidence were also such as would not have warranted conviction of accused persons--Leave to appeal against order of High Court acquitting accused was refused. Syed Abul Asim Jafri, Advocate-on-Record for Petitioner. Nemo for Respondents. M.Sharif Butt, Advocate Supreme Court and Rao M.Yousaf Khan, Advocate-on-Record for the State. Date of hearing: 5th March, 1989. ORDER USMAN ALI SHAH, J.--Muhammad Nawaz, petitioner has brought this petition for leave to appeal from the judgment, dated 9-3-87 of the Lahore High Court, whereby application under section 417(2) of the Cr.P.C. for special leave to file appeal in the High Court against the judgment of the trial Court. dated 28-9-86 acquitting all the five respondents of the charges levelled against them, was dismissed by the impugned judgment. Admittedly, it was an unnoticed crime and the prosecution was unable to make out a case free from doubt against the accused. The parties are interrelated, as complainant Muhammad Nawaz is the father of Abdur Rahman deceased and the brother of Muhammad…

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