Law:

Section:

Penal Code (XLV of 1860)--S. 120-B/302/304/149/148---Special Courts for Speedy Trials Act (IX of 1992), S.13(5)---Appeal against acquittal---Eye-witness account did not emanate from reliable sources---First version of the complainant party as recorded in .the inquest report had militated against the assertion made in the first information report---Ocular testimony lacked satisfactory corroboration--­Evidence relating to the conspiracy was also not satisfactory---Trial Court, in the circumstances, could not be held to have erred in any way in acquitting the accused of the charges against them---Appeal against acquittal of accused was dismissed accordingly. Ghulam Sikandar v. Mamaraz Khan PLD 1985 SC 11 fol. JUDGMENT JUSTICE SAAD SAOOD JAN (CHAIRMAN).---The respondents together with two other persons, namely, Fawad Siddiq and Muhammad Sohail alias Mochha, were tried by the Special Court for Speedy Trials, Lahore, presided over by a Judge of the Lahore High Court, on charges under section 120-B, 302 and 304 (four counts), read with section 149 and section 148, Pakistan Penal Code. The learned Special Court acquitted the respondents but convicted Fawad Siddiq and Muhammad Sohail alias Mochha. .Subsequently, Fawad Siddiq and Muhammad Sohail alias Mochha entered into a compromise with the complainant party and in pursuance thereof they were acquitted by the Supreme Appellate Court by its judgment dated 12-12-1992. However that may be, the State has preferred this appeal against the acquittal of the respondents. 2. The Muslim Students Federation had two factions in Lahore: One was headed by Arshad Amin, respondent, and the other was led by Muhammad Abid Chaudhry, deceased. According to the prosecution, the faction of Arshad Amin felt that in the presence of the deceased, it could not fully dominate the Federation. On 15-6-1991 a meeting was held by the faction of Arshad Amin in the hostel of Diyal Singh College which was attended amongst others by the respondents. It was decided at the meeting that the deceased should be liquidated. 3. The deceased was involved in more than two dozens of criminal tees. Some of these were pending in the Anti-Terrorist Court at Lahore.…

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