Law:

Section:

Penal Code (XLV of 1861)----S.302--Constitution of Pakistan (1973), Art. 185 (3)--Petition for leave to appeal against acquittal of accused by the High Court--High Court's finding was that eye-witnesses in fact, had not seen the occurrence and the inured prosecution witness did not receive injuries in the course of present occurrence Complainant's plea that presence of eye-witnesses on the spot should not have been doubted by the High Court, was not worthy of credit because in Supreme Court's view appraisal of evidence had been properly made and thus no interference was called for in the impugned of High Court--Leave refused. ORDER JAVID IQBAL, J.-This petition for ]cave to appeal is directed against the judgment of the Lahore High Court Lahore dated 14th December, 1985 whereby criminal revision of the petitioner was dismissed and criminal appeal of the respondents was accepted and they were acquitted. Briefly the facts arc that respondents Nos. 1 to 6 were tried for the murder of Shaukat Ali deceased and causing injuries to Safdar Ali PW, but the trial Court vide its judgment convicted only Farzand Ali respondent under section 302, P.P.C. and sentenced him to life imprisonment plus fine. The other respondents i.e. Nos. 2 to 6 were acquitted. Thereupon Farzand Ali respondent riled a criminal appeal against his conviction and sentence which was accepted by the High Court and he was acquitted, whereas the present petitioner-complainant filed criminal revision against the acquittal of respondents Nos.2 to 6 which was dismissed. Learned counsel for the petitioner-complainant before us does not press this petition in respect of respondents Nos.2 to 6 but he submits that his petition is only directed against the acquittal of Farzand Ali respondent. The occurrence took place at Rotiwela on 25 April 1981 in village Roorri within the area of Police Station Haveli. The F.I.R. was lodged on the same day at 4-30 p.m. by the present petitioner i.e. father of Shaukat Ali deceased. There were no recoveries from the spot. The recoveries made from Farzand Ali respondent and Muhammad Aslam co-accused were firearms, and were of no consequence as no crime empty was picked up from…

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