Law:

Section:

(a) Penal Code (XLV of 1860)--Ss. 302/34 & 307/34---Constitution of Pakistan (1973), Art. A85(3) --- Leave to appeal was granted to consider whether the discrepancy about the distance from which the deceased was fired at and the recovery of a bullet instead of a pellet was sufficient in the circumstances of the case to reject the ocular evidence brought on record and one of the witnesses being injured in the occurrence also. (b) Penal Code (XLV of 1860)----- ----Ss. 302/34 & 307/34---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal by High Court---High Court on a detailed scrutiny of evidence had taken a view which could lawfully be taken and the same did not suffer from any misreading or misconstruction of evidence---Evidence relating to abscondence, not attended to by High Court, was unsatisfactory and even otherwise abscondence by itself could not advance the prosecution case--­Conditions laid down by Supreme Court in Ghulam Sikandar's case (PLD 1985 SC il) for interference with the order of acquittal were not satisfied in the case---Appeal against acquittal of accused was dismissed in circumstances. JUDGMENT MUHAMMAD RAFIQ TARAR, J.---This appeal by Saif Ali is directed against the judgment of a learned Division Bench of the Lahore High Court dated 3-3-1990 whereby Criminal Appeal No. 313 of 1987 filed by the respondents against their conviction and sentence under section 302/34, P.P.C. was allowed and they were acquitted of the charges. 2. The F.I.R. version of the occurrence is that on 4-5-1985 at about 2-00 p.m. Haji Saif Ali first informant and Jan Muhammad son of Raj Ali were present on the metalled road leading to Arifwala in order to board a bus. Muhammad Iqbal deceased and his mother Mst. Rasoolan Bibi were also coming towards the road. Rashid Shah alias Sheeday Shah, Anayat Shahs armed with .12 bore guns, and Muhammad Anwar with a .12 bore pistol were present at some distance from the road. As soon as Muhammad Iqbal and Mst. Rasoolan reached near the road all the three threw a challenge on Muhammad Iqbal to get ready upon which he ran towards the first informant and Jan Muhammad P.W. to save his life. The accused…

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