Law:

Section:

Criminal Procedure Code (V of 1898)--S. 417(2)---Penal Code (XLV of 1860), S.302/34---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal against acquittal---Two Courts below after appraising evidence in its true perspective had reached a concurrent finding of fact---Statement of the only eye-witness had been discarded for sound reasons and defence version had been accepted---Case was not fit for re-appraisal of evidence---Leave to appeal was refused in circumstances. ORDER ABDUL QADEER CHAUDHRY, J: --Leave to appeal has been sought against the judgment of the High Court dated 19-6-1989 whereby it declined to set aside the order passed by the learned Additional Sessions Judge, acquitting the respondents. 2. The facts, in brief, as narrated by the petitioner are that Muhammad Ibrahim his deceased brother used to run a cloth shop at Dhoke Mistrian, Tanch Bhatta, Rawalpindi. One Mst. Badaman Begum purchased cloth from his deceased brother valuing Rs.1500. Gul Zaman respondent stood guarantee for the payment. Muhammad Ibrahim deceased on 18-8-1987 taking the amount of Rs.15,000 (?) from the petitioner, accompanied Gul Zaman respondent to the house of Abdul Rehman respondent in Village Thalla Syedan. On 19-8-1987, Chan Pervaiz, nephew of the petitioner told him that his father was waiting for Ibrahim deceased in the village. The petitioner went to the house of Gul Zaman respondent but he could not find out the deceased there. Consequently, he went to the house of Abdul Rehman. He came to know that Muhammad Ibrahim was done to death in the house of Abdul Rehman respondent. The petitioner, went to police station to lodge the report but the police did not listen to him. The petitioner was informed by Ghulam Sarwar P.W. that he had witnessed that all the…

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