Law:

Section:

(a) Penal Code (XLV of 1860)--Ss.302/307/1-1R & 149--Recovery of crime empties from spot--No reports of Forensic Science Laboratory about matching of crime empties available-Such recovery would have no corroborative value.--(Recovery). (b) Penal Code (XLV of 1860)-- ---S.302/307/148/149--Free fight--Argument that since free fight had been admitted by both the parties, High Court should have arrived at definite conclusion as to which of the two parties was aggressor and then it should have proceeded to convict and sentence them accordingly would be without force when the prosecution evidence had been disbelieved. Muhammad Hanif Niazi, Advocate Supreme Court instructed by Rana Maqbul Ahmad Qadri, Advocate-on-Record for Petitioner. Nemo for Respondents Nos.l to 5. Qamaruddin Khan Meo, Advocate Supreme Court instructed by Rao Muhammad Yousaf Khan, Advocate-on-Record for Respondent No.6. Date of hearing: 8th March, 1989. ORDER JAVID IQBAL, J.--This petition for leave to appeal is directed against the judgment of the Lahore High Court, Multan Bench, dated 23 February, 1986 whereby revision petition of the petitioner against acquittal of the respondents was dismissed. Briefly the facts are that respondents 1 to 5 were tried for an offence under section 302/307/148/149, P.P.C. but the trial Court vide its judgment acquitted all of them. Subsequently the revision of the petitioner-complainant against their acquittal as stated above was dismissed by the High Court. The deceased in this case is Khair Din and one injured person namely Habib P.W The occurrence took place at 6-30 p.m. on 17 August, 1975 within the area of Tehsil Burewala. F.I.R. was lodged by the petitioner-complainant son of the deceased on the same day at 11 p.m, From the spot were recovered three crime empties and at the instance of three respondents namely Abdul Sattar, Shafique Ahmad and Muhammad Farooq were recovered revolver and guns but there 'were no reports of the forensic science laboratory about their matching. Therefore the recovery evidence is of no corroborative value. The eye-witnesses are two namely the present petitioner and Habib P.W. and both are sons of the deceased, The deceased had…

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