Law:

Section:

Penal Code (XLV of 1860)-----Ss.302/34 & 149/307/147---Constitution of Pakistan (1973), Art.185(3)--­Petition against acquittal---Accused respondents admitted occurrence which proved their bona Fides was more probable and likely than that of prosecution---Plea advanced by accused respondents of their having been first attacked by complainant party and their having acted in self-defence appeared to be reasonably possible---High Court noticed that there was no remote or immediate motive against deceased---Number of injuries found on person of deceased did not commensurate with number of accused---Prosecution witnesses had made lot of improvements---Testimony of eye-witnesses was not accepted as no corroboration was forthcoming---Judgment of High Court called for no interference in circumstances---Appeal dismissed. JUDGMENT GHULAM MUJADDID, J.--This appeal by Muhammad Asghar son of Muhammad Sharif, resident of Jhandanwala Tehsil Kharian District Gujrat is by leave of this Court. It is only against Mohammad Latif, Muhammad Ashraf and Muhammad Alam. Petition for leave to appeal qua other respondents was dismissed. The judgment impugned in this appeal is dated 19-10-1986 of the Lahore High Court whereby the respondents were acquitted of all the charges. It was on the statement of the appellant, that initially a case under section 149/307/147, P.P.C. was registered at Police. Station, Kharian Cantt. Later on one of the injured died, as a result of which murder charge was added. All the accused were tried by the Additional Sessions Judge, Gujrat. They were found guilty and sentenced them as under:-- Muhammad Ashraf, Muhammad Latif, Muhammad Azam and Muhammad Zaman were convicted under section 302/34, P.P.C. Muhammad Ashraf and Muhammad Latif were sentenced to: death with fine of Rs.2,000 each or in default six months R.I. each. Mohammad Azam and Muhammad Zaman were sentenced to imprisonment for life with tine of Rs.2,000 each or in default six months R.I. each. Muhammad Alam and Muhammad Siddique were acquitted of the offence of murder. All the accused-respondents were convicted under section 148, P.P.C. and sentenced to six months R.I. each. ' All of them were…

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