Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302/34---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to examine the contentions raised by the petitioner. That though the eye version account of the incident in the case had been furnished by interested witnesges but since their version had been fully supported by the recovery of the weapons of offence at the pointation of the three accused, therefore, the High Court was wrong in discarding the evidence of the two witnesses, that the F.I.R. in the case was lodged promptly, the motive having been established, the acquittal of the accused by the High Court was arbitrary and unjustified, that the deceased had as many as 29 injuries on his person, of them 3 were stab wounds, 24 incised wounds 1 abrasion and 1 contusion and the nature of the injuries was such that it fully established that it were the accused who were responsible for causing the death of deceased. (b) Penal Code (XLV of 1860)--S. 302/34---Constitution of Pakistan (1973), Art. 185(3)---Appeal against acquittal---High Court while acquitting the accused had expressed its opinion about the recoveries and the evidence led in support thereof in certain terms which could not be differed from for any reason and even if it would have been a question of mere difference of opinion the of acquittal in the case could not have been set aside---High Court's approach being unexceptionable no justification was available for interference--- Appeal against acquittal of accused was dismissed accordingly. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.---This appeal through leave of the Court against a judgment of acquittal in a case of murder arises out of the facts and circumstances noted in the leave grant order as under.: "The occurrence in this case is alleged to have taken place on 11-7-1982 at 5-00 p.m. in the area of village Sheikh Chuhar, Police Station Saddar, Jhang, the report of which was made by Muhammad Afzal Shah (P.W. 11) the same night at 8-25 p.m. It was alleged that Nazar Shah deceased was returning home from the Dera of Allah Bakhsh Lohar followed by Muhammad Afzal Shah (P.W.11) who was returning from Chah Ahmadwala. When the deceased was…

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