Law:

Section:

Penal Code (XLV of 1860)-----Ss.302 & 307---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal--­Contention that High Court without any legal justification rejected ocular testimony especially when eye-witnesses disclosed all relevant facts and never concealed either their relationship or past enmity was repelled---Appreciation of evidence was function of High Court which had been properly done---Unless either some evidence on a substantial point was misread or a mistake of law or even of fact had resulted in miscarriage of justice, no case for leave to appeal could be made out. ORDER GHULAM MUJADDID, J: -Gul Khan who lodged the report on 14-3-1980 at i1-45 a.m. at Police Station Sadar Mianwali with regard to the murder of his cousin Kamand Khan, has filed this petition for leave. to appeal against the judgment of the Lahore High Court dated 19-9-1987 whereby respondents Nos.2 to 4 were acquitted. The petitioner named five persons--the three abovementioned respondents alongwith Khan Bahadur and Sher Bahadur. The trial Court by judgment dated 24-1-1984 acquitted Sher Bahadur and convicted the rest. Khan Bahadur was sentenced to death and fine of Rs.3,000, or in default three months R.I. Zarif Khan, Kashmir Khan and Muhammad Ashraf were sentenced to imprisonment for life with fine of Rs.3,000 each or in default three months R.I. each. All the four were also convicted under section 307 P:P.C. and sentenced to seven years R.I. each with fine of Rs.1,000 each or in default one month R.I. each. On appeal, the High Court vide the impugned judgment acquitted all. The petitioner wants the acquittal to be set aside. We have heard Mr. Ismail Qureshy, learned counsel for the petitioner at…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492