Law:

Section:

Penal Code (XLV of 1860) S. 302/34 Constitution of Pakistan (1973), Art. 185(3) Leave to appeal was granted to reappraise the evidence for safe administration of criminal justice in the case wherein High Court after setting aside the acquittal of accused by Trial Court had remanded the same for retrial. ORDER SALEEM AKHTAR, J: The petitioners seek leave to appeal against the judgment of the learned Judge in Chambers whereby order of their acquittal passed by the trial Court was set aside and the case was remanded to the learned trial Court for retrial. 2. According to the prosecution on 1 6 1982 the complainant was present at a metalled road alongwith one Muhammad Waris at Basti Kothewala known as Multan Budhla Road. The petitioners were also present on the north side of this road. At about 6 00 p.m. Muhammad Afzal deceased passed through that way when the petitioners stood up and Shahid took out .12 bore revolver from the right Dub while Abdul Hameed whipped, out .12 bore pistol from his right Dub. War signalled the deceased to put brake to the motorcycle. All the three petitioners threw him down from the motorcycle raising a Lalkara to teach him a lesson for the incident of Eid day. Muhammad Afzal deceased ran towards south, but War and Shahid accused chased him and stopped him from the front. Muhammad Afzal turned back and started running, but Hameed fired with his .12 bore pistol on his head from a distance of two Karams. After receiving two injuries Afzal ran towards the Katcha road leading to Tatepur raising alarm. He was overtaken by the accused at a distance of 26 Karams from the metalled road and they fired at him in the manner stated in the F.I.R. which resulted in the death of Afzal.…

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