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Penal Code (XLV of 1860)--S. 302/34---Constitution of Pakistan (1973), Art. 185---Appeal against acquittal---Finding of High Court that eye-witnesses who were chance witnesses were also interested and their presence on the night of occurrence at the shop of the deceased was highly improbable, appeared to be based on proper appraisal of evidence, surrounding circumstances and inferences which could fairly be drawn. therefrom---Said testimony if discarded, the fact of the accused having 'been apprehended at the spot with blood-stained clothes and blood-stained Kassi also stood disproved---Appeal against acquittal of accused was dismissed in circumstances. JUDGMENT RUSTAM S. SIDHWA, J.---This is an appeal by Allah Ditta appellant against the judgment of a learned Single Judge of the Lahore High Court dated 29-2-1984 acquitting Zafar Iqbal and Ghulam Shabbir respondents. 2. Zafar Iqbal and Ghulam Shabbir, present respondents, both cousins inter se, were tried by the learned Sessions Judge, under section 302/34, P.P.C. for causing the murder of Malang Hussain deceased, their co-villager, during the night between 30-6-1979 and 1-7-1979 in the area of Village Dul, Police Station Garh Maharaja, District Jhang. 3. The learned trial Judge, vide his judgment dated 24-5-1980, convicted both War Iqbal and Ghulam Shabbir respondents under section 302/34, P.P.C. and sentenced each of them to imprisonment for life and a fine of Rs.4,000 or in default two years'. further R.I: It was also directed that the fine, if realised, half of the same would be paid to the legal heirs of the deceased as compensation under section 544-A, Cr.P.C. 4. The respondents challenged their convictions and sentences through appeal, whereas Khadim Hussain complainant filed a revision petition seeking the enhancement of the sentences of the two respondents. A learned Single Judge of the Lahore High Court by his judgment dated 29-2-1984 accepted the appeals of the respondents by acquitting them, but dismissed the revision petition of the complainant. The present appeal is against the said judgment. 5. The F.I.R. account of the prosecution version is that during he night between 30-6-1979 and 1-7-1979…

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