Law: Penal Code (XLV of 1860)

Section: 302/34

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)   S. 302/34 Constitution of Pakistan (1973), Art. 185(3) Appeal against acquittal Eye witnesses who had turned hostile at the trial did not support the prosecution case and were cross examined by the prosecution as well as the defence Courts below had rightly placed no reliance on the testimony of said witnesses to convict the accused respondents on capital charge and their s acquitting them did not suffer from any legal infirmity Leave to appeal was refused accordingly.  ORDER MANZOOR HUSSAIN SIAL, J.Rana Muhammad Akram, petitioner herein seeks leave to appeal against judgment dated 18 4 1993, of the Lahore High Court, whereby Criminal Revision No.677/1993, filed by him was dismissed. 2. The petitioner lodged complaint on 10 5 1981, against Sultan, Munir, Attiq and Shafiq respondents under section 302/34, P.P.C., for murder of his brother Muhammad Ayub. According to him on 12 2 1981, at about 8/9 a.m. while Muhammad Ayub was waiting to board bus at General Bus Stand, Okara, he was attacked by the respondents with iron pipes and they inflicted (17) injuries on his person out of which four were grievous and three multiple. The injured was taken to City Hospital, Okara, where his statement was recorded by Ghulam Muhammad, S.I. Police Station, City Okara, and the case under section 307/34, P.P.C. was registered against the accused. Muhammad Ayub was then shifted to Mayo Hospital, where he succumbed to his injuries on 1 3 1981. ‘The offence, therefore, was converted to section 302/34, P.P.C. 3. During the investigation, all the accused were found innocent and their names were placed in Column No.2 of the Challan. The prosecution held Boota, Saeed and Anwar responsible for the injuries suffered by the deceased and their names were mentioned in the Challan. 4. Aggrieved by the aforesaid action of the Investigating Agency the petitioner filed the complaint against the respondents. The case was entrusted…

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