Law:

Section:

Penal Code (XLV of 1860)-----S.302/34---Constitution of Pakistan (1973), Art.185(3)---Petition against acquittal---High Court rejected ocular testimony mainly on ground of absence of satisfactory explanation for presence of eye-witnesses at scene of occurrence at relevant time---High Court also disbelieved evidence relating to recovery of incriminating articles from possession of accused holding that part of prosecution as highly improbable---Reasons given by High Court for rejecting ocular testimony and recovery evidence were sound and there was no justification to interfere with of High Court acquitting accused---Petition for leave to appeal was dismissed in circumstances. ORDER SAAD SAOOD JAN, J.--The respondents were convicted by the Additional Sessions Judge, Sheikhupura, of an offence under section 302, read with section 34, Pakistan Penal Code and were sentenced to suffer imprisonment for life and to pay fines. The charge against them was that they had, in furtherance of their common intention, caused the death of one Shaukat Ali as a sequel to a quarrel which took place a fortnight earlier between him and Shafqat Ali respondent at a Pan Shop. 2. According to the prosecution case, on 25-1-1984 the deceased was present at his house in Mohallah Farooq Ganj, Sheikhupura. At about mid-day Zahid Hussain respondent came there and took him away on some pretext to an abandoned Khola at Chowk Phool in Mohallah Qadirabad where he alongwith two other respondents, namely, Shafqat Ali and Muhammad Amir, attacked him with Chhuris. The deceased died at the spot. The occurrence was witnessed by Rehm Din (P.W. 8), father of the deceased, and two other persons, namely, Muhammad. Yousuf (P.W. 9) and one Muhammad Sharif. The matter was reported to the Police Station City, Sheikhupura, by Rehm Din on the same day at 2-30 p.m. 3. It was further alleged by the prosecution that the three respondents appeared at the Police Station on the very day of occurrence and voluntarily surrendered themselves. Shafqat…

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