Law:

Section:

Penal Code (XLV of 1860)--S. 302/34--Evidence, appreciation of--Prosecution had not given straight an clear episode of occurrence--Narrations on part of prosecution witnesses were doubtful, which could not carry any credence against accused unless ocular a well as circumstantial evidence of a reasonable character was brought on record by the prosecution--Guilt of accused was not free from doubt--High Court, held had rightly given the benefit of doubt to accused in acquitting them. Hameed Aslam Qureshi, Advocate-on-Record for Appellant. Zainuddin Khan, Advocate Supreme Court and M. Saleem Ahmad Malik, Advocate-on-Record (absent) for Respondents Nos. 1 and 2. M. Aslam Uns Advocate Supreme Court for A.-G. Punjab and Rao Yousaf Khan, Advocate-on-Record for the State. Date of hearing: 4th December, 1988. JUDGMENT USMAN ALI SHAH, J.--Muhammad Af7al and Muhammad Yousaf respondents Nos. 1 and 2 herein, were tried by the Additional Sessions Judge Jhang under section 302/34, P.P.C. for committing the murder of the petitioner brother Noor Muhammad deceased and each one of them was sentenced t imprisonment for life with a fine of Rs.1,000 each or in default to suffer further six months R.I., vide his judgment dated 3-4-1976. The said respondents file appeal against their conviction and sentences and the complainant Shamir the appellant herein and the brother of the deceased filed criminal revision No. 10E of 1976 for enhancement of sentences awarded to the respondents, in the Lahore High Court, Lahore. The learned High Court found both the respondents no guilty of the offence and acquitted them from all the charges levelled again them. The learned High Court, however, dismissed the revision of the appellant vide its judgment dated 17-1-1978. The case of the prosecution as set out in the F.I.R. was that on the day i occurrence viz. 30-7-1974, at about 10-00 a.m. the complainant/appellant w~ proceeding from his Bheni towards the cattle-shed with fodder for his cattle an was at a distance of about two to three Killas from his Behk, he saw that h brother Noor Muhammad deceased was ploughing in a field close to the Beh Pahlwan P.W.9 who was engaged by the deceased as `mangali'…

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