Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--S 302/34--Constitution of Pakistan 1973), Art.185(3)--Appeal against acquittal before Supreme Court--Submissions with regard to establishing motive and credibility of witnesses had been taken note of and satisfactorily dealt with by High Court and conclusions drawn were such as could be drawn--No question of law was involved with regard to appreciation of evidence to justify further examination--Leave to appeal refused in circumstances. Zafar Pasha Chaudhry, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Petitioner. Nemo for Respondents Nos.1 and 2. Muhammad Akhtar, Additional Advocate-General for the State. Rao Muhammad Yousaf Khan, Advocate-on-Record for Respondent No. 3 Date of hearing: 20th November, 1988. JUDGMENT SHAFIUR RAHMAN, J.--The petitioner, a complainant, seeks leave to appeal against the judgment of the Lahore High Court, dated 25th of March, 1986 whereby accepting the appeal of the respondents they were acquitted of the charges under section 302/34, P.P:C. The prosecution case was that Shan Muhammad deceased was the Chairman Union Council, Village "Mubarikpur" within the limits of Police Station "Kabirwala", District Multan. On some complaint that the respondent Abdul Hakeem was maintaining illicit relations with one Mst. Maryam, widow of Muhammad Ramzan he had convened a Punchayat and had turned out Mst. Maryam from the village and rebuked Abdul Hakeem. This had aggrieved the respondents. On the night of 5th September, 1980 at about 11-30 p.m. the wife of Muhammad Yasin P.W. 5 developed stomach ache, and he had to get up and go to his shop for fetching the medicine. The shop was at a short distance from the house. On the thara of the shop the deceased was asleep. He saw there Allah Ditta armed with a stick and Abdul Hakeem with a hatchet, the latter giving blows with his hatchet, the former with his stick not allowing him to move. Yasin raised alarm on which Abdul Majid brother of the deceased was attracted to the spot with the torch and Muhammad Hussain P.W. 6. The deceased was removed to the Hospital. The F.I.R. was lodged by the petitioner at 4-15 a.m. on 6-9-1980. The respondents denied their…

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