Law:

Section:

Penal Code (XLV of 1860)----S.302--Constitution of Pakistan (1973), Art. 185(3)--Petition against acquittal-­High Court had not relied on dying declaration because three acquitted co­accused were not named in it and it had also been disbelieved because of delay-­Ocular evidence was found in conflict with the medical evidence--Motive though was relied upon yet recoveries were disbelieved--Background of enmity existed between the parties--Ocular testimony was found interested--Conclusions arrived at by High Court were correct--Interference declined by Supreme Court. ORDER JAVID IQBAL, J.--These three petitions for leave to appeal are connected and are directed against the judgment of the Lahore High Court, Lahore, dated 28th April, 1985 whereby Allah Dad and Muhammad Siddique respondents were acquitted. Criminal Petition No.258 of 1985 has been filed by Munawar Hussain complainant petitioner and is directed against the acquittal of Allah Dad and Muhammad Siddique respondents. Criminal Petition No.259 of 1985 has also been filed by the same petitioner and it is against the dismissal of his criminal revision by the High Court for enhancement of the sentence of Allah Dad and Muhammad Siddique respondents awarded by the trial Court to death. Criminal Petition No.260 of 1985 is likewise filed by the same petitioner and is against the acquittal of three co-accused namely Muhammad Ashraf, Ramzan and Nazir Ahmad respondents. Since these petitions are connected and are directed against the same judgment these are being taken up together. Briefly the facts are that Allah Dad, Muhammad Siddique, Muhammad Ashraf, Ramzan and Nazir Ahmad alongwith Ahsan were charged for offences under section 307/302/148/149, P.P.C. Ahsan became an absconder and is not in the picture at present. The trial Court acquitted Muhammad Ashraf, Ramzan and Nazis Ahmad but convicted Allah Dad and Muhammad Siddique under section to imprisonment for life plus fine. The two convicts tiled appeal before the High Court whereas the petitioner filed criminal revision for enhancement of the sentence of Allah Dad and Muhammad Siddique to death and another criminal revision against the acquittal of the aforesaid…

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