Law:

Section:

Penal Code (XLV of 1860)-------Ss. 302 & 304, Part I---Constitution of Pakistan (1973), Art. 185(3)---Acquittal under S. 302, P.P.C: =-Conclusions reached by High Court were such as could plausibly be reached on the evidence on record---Simply because another view was possible would not be a sufficient ground for granting leave to appeal which was consequently refused. M. Kowkab Iqbal, Advocate Supreme Court/Advocate-on-Record for Petitioner. Nemo for Respondents Nos. 1 to 3. ORDER SHAFIUR RAHMAN, J.---The complainant Ghulam Muhammad, who is father -of Muhammad Islam deceased, seeks leave to appeal against the judgment of the Lahore High Court, dated 1-6-1987, whereby one of the convicts namely, Jamil was acquitted while the conviction of the other Tamkeen was altered from one under section 302, P.P.C. to section 304, Part 1, P.P.C. and a sentence of 10 years, R.I. was imposed on him. 2. The prosecution case against the acquitted accused was that on the 8th of June, 1983, Tamkeen and Jamil had given Chhuri blows in all three, of them, on the person of Muhammad Islam causing his death the same day. The motive for the, occurrence was given out that the deceased owed Rs.200 to Amin, an acquitted accused, the repayment of which he had delayed. The accused Tamkeen had given a different version. The sum and substance of it was that he was under attack and had used the knife in exercise of right of private defence of his person. In defence as many as ten witnesses were produced and a few of them to show the pugnacity and criminality of the deceased and some others to discredit the witnesses. In this background, the High Court examined the two versions. The High Court concluded as hereunder:-- "The most important feature of the case is that the presence of Riaz DW-6 has been admitted in his…

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