Law:

Section:

(a) Penal Code (XLV of 1860)------S.304, Part I---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal granted only to examine the question regarding sentence awarded to accused and to consider whether accused should not be directed to pay adequate/heavy fine/compensation for the offence. (b) Penal Code (XLV of 1860)--- ---S.304, Part 1---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to complainant to examine question of enhancement of sentence of accused and regarding the pleas taken in the petition---Petition seeking leave to appeal against acquittal was rejected. ORDER MUHAMMAD AFZAL ZLTLLAH, J.--Leave to appeal has been sought in these two petitions, -- one against conviction and the other (by the complainant) for enhancement in a case of culpable homicide involving three deaths as also injuries to a PW and serious injuries to two accused persons also who were acquitted by the trial Court. The remaining accused have been convicted under section 304, Part 1, P.P.C. and have been awarded 7 years' R.I. After hearing both the learned counsel we do not consider it a fit case for grant of leave to appeal against the acquitted accused. The argument of. the learned counsel based on the so-called contradictions in the impugned judgment. vis-a-vis, their acts is of no force when examining a pica for setting aside an acquittal. Criminal Petition No. 209 of 1986, therefore, is dismissed in so far as it is directed against the acquittal of Mobarik Ali and Mashooq Ali respondent…

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