Law:

Section:

Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal---Reasons advanced by Trial Court for acquittal of accused which had been confirmed by High Court were not shown to be suffering from any legal infirmity---Accused had been involved in the case following the common trend in the villagers to swell the number of accused due to previous enmity between the parties---Case of accused being not at par with that of convicted co-accused, accused had been rightly extended the benefit of doubt--­Leave to appeal to Supreme Court was consequently refused to the complainant. Raja M. Ibrahim Satti, Advocate Supreme Court with Mehr Khan Malik, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 15th December, 1997 ORDER CH. MUHAMMAD ARIF, J.---This petition under clause (3) of Article 185 of the Constitution of the Islamic Republic of Pakistan, 1973 by the first informant of a murder case in which his son, Muhammad Rafique, was done to death on 16-12-1989 in his presence, is directed against judgment dated 17-9-1995 whereby a learned Division Bench of the Lahore High Court, Lahore had disposed of Murder Reference No.383 of 1991, Criminal Appeal No.880 of 1991 (brought by respondent No.1 Haider Zaman) and Criminal Revision No.577 of 1991 (brought by the petitioner/first informant) challenging acquittal of the remaining four accused by maintaining the conviction of respondent No.1 but commuting sentence of death to imprisonment for life and upholding the acquittal of the rest of the accused. 2. Complainant/petitioner reported the case under sections 302, 307, 336, 148/149, P.P.C. i.e. alleging murder of his son Muhammad Rafiq as also an attempt on his own life and indiscriminate firing by the accused. The occurrence took place on 16-12-1989 at about 5.00 p.m. in the area of Village Shahjehania which is located at a distance of 4 miles from Police Station Karianwala. F.I.R. (Exh.P.A./1) is based upon his statement made at 7.45 p.m. at Bus Stand of Village Bhagowal before A.S. I. Shahbaz Ahmed (P.W.11) of Police Post Tanda. According to the first informant, he alongwith his son Muhammad Rafiq were present…

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