Law:

Section:

Penal Code (XLV of 1860)--Ss.302 & 307---Constitution of Pakistan (1973), Art.185---Appreciation of evidence---No misreading of evidence on record by Trial Court acquitting the accused could be pointed out---Finding of High Court regarding eye-witnesses as to their being independent, disinterested and very natural seemed to be misconceived as two eye-witnesses were the sons of the deceased and the third eye-witness was a chance witness---Defence plea also was not taken into account by High Court---Order of acquittal passed by Trial Court was, therefore, not liable to be interfered with in view of the established law of long standing, lastly reported in Yar Muhammad and 3 others v. The State 1992 SCMR 96---Appeals of accused were consequently allowed restoring the order of acquittal passed by Trial Court. Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11 ref. Yar Muhammad and 3 others v. The State 1992 SCMR 96 rel. JUDGMENT ABDUL SHAKURUL SALAM, J: --This order will dispose of two appeals by the convicts bearing Criminal Appeal No. 2 of 1990 and Criminal Appeal No.81 of 1991 as well as Criminal Petition for Leave to Appeal No.49 of 1990 by the complainant. 1. Relevant facts are that Muhammad Ibrahim, his three sons, namely Liaquat Ali, Muhammad Sadiq and Muhammad Akram as well as two others i.e. Muhammad Ashraf and Abdul Ghani were tried under section 148/302/149/307/149, P.P.C. by the learned Additional Sessions Judge, Okara who vide judgment dated 19-5-1987 acquitted them all. State filed Criminal Appeal No.604 of 1987 in the Lahore High Court. A learned Division Bench accepted the appeal against Muhammad Ibrahim and his three sons. Muhammad Ibrahim was convicted under section 307, P.P.C. and sentenced to five years' R.I. and fine of Rs.2,000, in default six months' R.I. His two sons Liaquat Ali and Muhammad Akram were convicted under section 307, P.P.C. and sentenced to seven years' R.I. each and fine of Rs.2,000 in default six months' R.I. each. His third son Muhammad Sadiq was convicted under section 302, P.P.C. and sentenced to imprisonment for life and a fine of Rs.5,000 in default to one year R.I. He was also ordered to pay as…

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