Law:

Section:

(a) Penal Code (XLV of 1860)---S. 302/34---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to examine whether in view of the weight and quantity of the prosecution evidence the acquittal of the accused persons had been based on correct principles of law governing the administration of criminal justice. (b) Penal Code (XLV of 1860)--S. 302/34---Evidence, appreciation of---Police witnesses did not know accused persons who were identified by prosecution witnesses M and H---Complainant gave names of accused persons in F.I.R. lodged within 15 minutes of incident--­Information of incident was given to complainant and police witnesses by said M and H---Evidence of prosecution witnesses M and H, who were close relatives of deceased had been rightly disbelieved by Trial Court as well as by High Court--­Held, doubt had been created about guilt of accused---Interference declined by Supreme Court in of acquittal of High Court. JUDGMENT NASIR ASLAM ZAHID, J.---This appeal is directed against the judgment dated 18-3-1982 of the Sindh High Court allowing the appeal of respondents Bilawal and Nawab passed in Criminal Appeal No.114 of 1980 and rejecting the reference made by the trial Court for confirmation of the death sentence. We have heard Mr. Rashid Akhtar Qureshi, learned counsel for the State and Mr. A.H. Lakho, learned counsel for the respondent No.2 Nawab. No one has appeared on behalf of the respondent No.l Bilawal. 2. Out of the 10 accused challaned for trial for the murder of deceased Faiz Muhammad, the trial Court acquitted 8 accused and convicted the two respondents, Bilawal and Nawab, under section 302/34, P.P.C. awarding death sentence to both. A joint appeal was filed by the respondents and the Trial Court also made the reference for confirmation of the death sentence. A Division Bench of the Sindh High Court, by the impugned judgment dated 18-3-1982, allowed the appeal, rejected the murder reference and acquitted the respondents. The State has filed this Criminal Appeal. By order dated 24-10-1982 leave to appeal was granted to the State. Facts have been summed-up in the Leave Grating order, which reads as under:----- "The two…

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