Law:

Section:

(a) Penal Code (XLV of 1860)-----Ss.304 (1)/149, 325/149 & 148---Constitution of Pakistan (1973), Art. 185 (3)--­Leave to appeal was granted to consider whether conclusion arrived at by High Court to the effect that prosecution version was improbable and doubtful anal defence version appeared to be more probable wits based upon safe principles of dispensation of criminal justice. (b) Penal Code (XLV of 1860)-- ---Ss.304 (1)/149, 325/149 & 148---Appreciation of evidence ---Acquittal--­Interference in order of---Fatal injuries were not attributed to any one--­Complainant at trial stage not only made deliberate improvement in order to bring his statement in conformity with medical evidence but besides taking note of numerous other contradictions and material improvements in his testimony High Court was of the opinion that testimony of other eye-witnesses also suffered from similar infirmities---High Court on appraisal of evidence rejected prosecution version being not only improbable but also doubtful and after examining defence version found the same more probable---Arguments on behalf of complainant were only to lead to re-appraisal of evidence and obviously a difference in opinion regarding assessment of evidence could not be considered as a valid ground for interference in a case of acquittal---Conclusion arrived at by the High Court, held, did not call for any interference in circumstances. JUDGMENT JAVID IQBAL, J.--This appeal by special leave is directed against acquittal of the nine respondents. Briefly the facts are that the nine respondents, namely, Hidayat Khan, Lal Khan, Azmat Ali, Mansab Ali, Kafayat Ali, Faqir Hussain, Nawazish Ali, Ghulam Ali and Mubarak Ali were charged for offences under section 148/302/325/149, P.P.C. but vide judgment of the trial Court they were convicted and sentenced as follows: All of them were convicted under section 148, P.P.C. and sentenced to one year's R.I. each. They were all convicted under section 304 Part-1/149, P.P.C. and were sentenced to five year's R.I. each plus fine. They were likewise convicted under section 325/149, P.P.C. and sentenced to one year's R.I. plus fine each. All the sentences were…

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