Law: Penal Code (XLV of 1860)

Section: 302/34

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)   S. 302/34 Constitution of Pakistan (1973), Art. 185(3) Appeal against acquittal Grounds on which High Court had acquitted the accused were supported by enormous evidence on record and the same were neither artificial nor. ridiculous Acquittal of accused being well reasoned did not call for any interference Leave to appeal was refused accordingly. (b) Constitution of Pakistan (1973)   Art. 185(3) Penal Code (XLV of 1860), S. 302/34 Leave to appeal against acquittal Presumption of innocence of accused after acquittal becomes double Appellate Court, therefore, would interfere only in exceptional cases and that too on the basis of overwhelming proof leading to irresistible conclusion of guilt of the accused to avoid grave miscarriage of justice. (c) Penal Code (XLV of 1860)   S. 302/34 Constitution of Pakistan (1973), Art. 185(3) Eye witnesses being partly dependable, rule of prudence required corroboration of their statements qua the accused which was available in the form of admission made by accused themselves of having killed the deceased High Court after elaborately dealing with the defence plea of grave and sudden provocation had rejected the same on sound and cogent reasons supportable from the evidence on record keeping in mind the principles enunciated by the Superior Courts for safe administration of justice in criminal cases Leave to appeal was refused in circumstances. JUDGMENT MUHAMMAD MUNIR KHAN, J.These two Petitions for Leave to Appeal No.280 L of 1994 and 324 L of 1994 are directed against the judgment of the Lahore High Court, Bahawalpur Bench, Bahawalpur dated 10 7 1994 passed in Criminal Appeal No.50 of 1992/BWP. We propose to dispose them of through single judgment. 2. In the incident which took place on 19 8 1989, at Maghribwela near the house of Muhammad Arshad deceased in village Farid Abad, Tehsil Khanpur, Mukhtar Ahmed and Muhammad Akram petitioners in Cr.P.LA. No.324 L/1994 armed with hatchets, Mushtaq Ahmed and Fida Hussain respondents Nos.3 and 4 in Cr.P.L.A. No.280 L/1994 armed with daggers, alongwith six others namely, Habib Khan, Faiz Muhammad, Shah Muhammad, Atta Muhammad,…

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