Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302/34---Constitution of Pakistan (1973), Art. 185(3)---Acquittal---Grounds given by High Court for not accepting testimony of eye-witnesses neither appeared to be perverse nor ones which did not appeal to judicial conscience--­Petition for leave to appeal against acquittal of accused was accordingly dismissed. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Constitution of Pakistan (1973), Art. 185(3)---Acquittal--­Interference in order of---High Court on the same material might have come to another finding, but Supreme Court could not interfere with the finding unless reasons advanced for doubting ocular testimony were perverse or highly erroneous. ORDER RUSTAM S. SIDHWA, J.--This is a petition filed by Hasan Din petitioner, seeking leave to appeal against the judgment of a Division Bench of the Lahore High Court dated 9-5-1988 accepting the joint appeal of Muhammad Jamil and Muhammad Rashid convicts/respondents and setting aside their convictions and sentences and dismissing the revision petition filed by Hasan Din petitioner for the enhancement of their sentences. 2. Muhammad Jamil and Muhammad Rashid respondents, were tried by an Additional Sessions Judge, Lahore under section 302/34 for the murder of one Muhammad Akram. The learned trial Judge, by his judgment dated 19-7-1986, convicted both the respondents under the said section and sentenced each of them to imprisonment for life with a fine of Rs.5,000 each or in default thereof to undergo further imprisonment for two years each. Half of the fine, if realized, was ordered to be paid to the legal heirs of the deceased. On joint appeal filed by both the said convicts against their conviction and sentences and revision filed by Hasan Din, complainant, a Division Bench of the Lahore High Court accepted the appeal of the convicts and set aside their conviction and sentences and dismissed the revision petition filed by the complainant for the enhancement of their sentences. By the present petition, Hasan Din petitioner/complainant seeks leave to appeal against the said judgment. 3. On behalf of Hasan Din petitioner/complainant it is submitted that there was no reason for…

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