Law:

Section:

Penal Code (XLV of 1860)------S.302---Constitution of Pakistan (1973), Ar1.185(3)---High Court acquitted accused on the ground that motive was trivial which could not he proved, eye­witnesses were interested and they had not seen the occurrence and that recovery of gun had been disbelieved and therefore, matching of the same with the crime empty was of no avail---High Court had properly appraised the evidence on record before arriving at the conclusion of giving the benefit of doubt and acquitting the accused --Petition for leave to appeal dismissed. ORDER JAVID IQBAL, J.--This petition for leave to appeal is directed against the order of the Lahore High Court, Lahore dated 14 December, 1987 whereby criminal revision of the petitioner was dismissed and Abdul Fateh respondent was given the benefit of doubt and acquitted his appeal having been accepted. Briefly the facts arc that the respondent was tried for an offence under section 302, P.P.C. for the murder of Muhammad Sadiq son of the present petitioner and vide judgment of the trial Court he was convicted under section 302, P.P.C. and sentenced to life imprisonment plus fine. On appeal of the convict the High Court accepted his appeal and set aside his conviction and sentence and acquitted him. Hence the present petition. The occurrence took place at night between l and 2 November 1984 within the area of Police Station Sadar, Raiwind. The F.I.R. was lodged by the petitioner at 2-10 a.m. on 2 November, 1984. From the spot were picked up two crime empties and at the instance of the respondent was recovered a .12 bore gun with which it is alleged that one crime empty matched. There arc three eye­witnesses of the occurrence. They are the petitioner being father of the deceased, Abdul Ghaffar brother of the deceased and one Suleman. The deceased had received firearm injuries 19 in number. According to the doctor's opinion these were not the result of a single shot but two or more shots. The motive advanced was that about 4/5 years before the present occurrence the petitioner had taken a garden on lease along with a field of sweet potatoes from the respondent. Abdul Ghaffar and the deceased both sons of the…

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