Law:

Section:

Penal Code (XLV of 186---S.302--Constitution of Pakistan (1973), Art.185(3)--Acquittal--High Court while disbelieving entire evidence acquitted the accused--Coming to different conclusion by Supreme Court was not possible unless there was some material illegality or even irregularity going to the root of case and that interest of justice demanded that the evidence be re -considered--Leave to appeal refused. JUDGMENT GHULAM MUJADDID, J.--Sikandar Hayat son of Umar Daraz, resident of Mahram Sial, District Jhang seeks leave to appeal against the judgment of the Lahore High Court, dated 14-12-1987, whereby Bahadur and Muhammad Murad, respondents 1 &. 2 were acquitted of the charge of double murder. The occurrence in which Muhammad Hayat and Mehmood Akhtar were alleged to have been killed took place on 19-1-1984 at 12.30 noon, in the area of Adda Haveli Bahadur Shah which falls within the jurisdiction of Police Station, Shorkot. Report was lodged by Sikandar Hayat petitioner. It was recorded by S.H.O. Muhammad Salim. Bahadur and Muhammad Murad respondents were tried by the Additional Sessions Judge Jhang who by judgment, dated 22-4-1985 found them guilty under section 302/34, P.P.C. and sentenced them to death on each count. Prosecution 'case is that the petitioner along with Mehmood Akhtar and Muhammad Hayat, his cousins, boarded a bus on 19-1-1984 from Adda Mehram Shah for Haveli Bahadar Shah. The respondents also got into the same bus. When they reached near Adda Havcli Bahadar Shah, the time was 1 p.mi. Sikandar Ha yat and the two deceased got down and so did the respondents. The respondents shouted that they would teach a lesson for the quarrel at Mela Lohi, Bahadur had a Chhuri. He inflicted Chhuri blows in the abdomen of Muhammad Hayat. Mchmood Akhtar tried to intervene Murad who was armed with knife gave him two knife blows in his chest and abdomen. The injured fell down. They were given number of blows by the two respondents. The motive was that 4/5 days prior to the occurrence the deceased had abused and gave fist blows to the respondents in Mela Lohi. The respondents threatened the deceased with dire consequences. The ocular account was given by…

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