Law:

Section:

(a) Penal Code (XLV of 1860)--Ss. 302/149, 307/149 & 148---Constitution of Pakistan (1973), Art.185(3)--�Leave to appeal against acquittal---Complainant in his anxiety to rope in as many persons as he could from accused family had implicated some innocent persons also---One accused was acquitted by Trial Court and nine persons were acquitted by High Court---Fact that two persons had died and two had received injuries in the incident was not sufficient to convict accused persons because burden is always on prosecution to establish its case beyond all reasonable doubt--�Corroborative pieces of evidence were not creditworthy---Direct evidence of eye-�witnesses, therefore, was rightly discarded by High Court---Judgment of High Court was based on correct analysis of legal position and did not suffer from any infirmity---Leave to appeal was refused in circumstances.(b) Penal Code (XLV of 1860)-------Ss. 302 & 307---Constitution of Pakistan (1973), Art.185(3)---High Court had dismissed appeal of accused on the ground that he absconded for about two years after commission of crime which was a corroborative piece of evidence against him---Sufficient compliance of section 87, Cr.P.C. had been done---No explanation about his absconsion for such a long time had been given-----Case against accused, held, stood proved---Leave to appeal was consequently refused.Emperor v. Multan Singh AIR 1919 Lah. 57 and Aminullah v. The State PLD 1982 SC 429 distinguished.(c) Criminal Procedure Code (V of 1898)-------S. 537---Minor irregularities, if any, during investigation are condonable under S.537, Cr.P.C.---[Investigation].ORDER ABDUL QADEER CHAUDHRY, J.---This order would dispose of two petitions; one riled by the petitioner against the dismissal of his appeal by the High Court and the other by the complainant against the acquittal of nine, respondents, vide judgment dated 16-5-1987. 2. The facts, in brief, are that on 30-8-1980, a little before `Sehriwela' outside the dera of Muhammad Hayat, Manak and Afzal (not deceased), Akbar P.W. 12 and Nazir P.W. 13 (not produced) were sleeping there, when Zulfiqar alias Zulla, Gulla, Ahmad, Said, Amir son of Ghulam,…