Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--S. 302/34--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to consider question whether acquittal of accused in view of weight and quality of prosecution evidence proved at trial, was in consonance with the legal principles governing criminal justice. Abdul Hafeez Memon, Senior Advocate Supreme Court and Rashid A. Qureshi, Advocate-on-Record for Petitioner. S. Murtaza Hussain, Senior Advocate Supreme Court for Respondents. Date of hearing: 28th April, 1988. ORDER ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of Sind High Court dated 12-11-1986 by which a joint appeal of the first two respondents, Abdul Ghafoor and Muhammad Rafique was allowed, with the result that the convictions and sentences recorded against them under section 302/34, P.P.C. by the Sessions Judge, Nawabshah were set aside. The incident occurred on 5-9-1982 at about 7 p.m. opposite the shop of Mohammad Anwar Awan, deceased in the case, in Hajamki Street in Sakrand town, at a distance of about a furlong from the Police Station. Deceased's father, Ghulam Sarwar, petitioner herein, lodged the report of the crime within one hour of the incident. The prosecution case briefly stated is that Abdul Ghafoor respondent, who is a son of Muhammad Rafique respondent, used to sell Kababs on a push-cart opposite Ghulam Sarwar's hotel. Muhammad Anwar used to run a cassette shop at a different place from his father's hotel. It is alleged that a quarrel had occurred a day earlier between Muhammad Anwar and Abdul Ghafoor over the parking of push-cart by the latter near Ghulam Sarwar's hotel and both the accused were annoyed on that account. On the day of incident, when Ghulam Sarwar was sitting at the shop of his son, both Abdul Ghafoor and Muhammad Rafique came there, former being armed with a knife, and they blamed Muhammad Anwar for the incident of the previous day. Abdul Ghafoor then struck knife blow on the chest of Muhammad Anwar, at the instigation of his father, with the result that the victim fell down. It is said that apart from Ghulam Sarwar, the incident was witnessed by Sher Muhammad, Lal Bux and the other…

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