Law:

Section:

Penal Code (XLV of 1860)---------S. 302/34---Constitution of Pakistan (1973), Art.185(3)---Re¬appraisal of evidence---Cause of death, failure to prove---Prosecution case---Inconsistent versions---Occurrence was unseen according to F.I.R and Trial Court convicted the accused persons to life imprisonment---High Court accepted the appeal and the accused were acquitted of the charge---Validity---Complainant had expressed his suspicion in F.I.R about involvement of accused persons in the commission of offence but when he appeared in Trial Court he had changed his version as if he had himself witnessed the incident---Same was the opinion of the other prosecution witnesses---High Court, after scanning the evidence carefully, came to the conclusion that the evidence produced by the prosecution was not trustworthy---High Court had also taken into consideration that no material evidence was available to establish the cause of death of the deceased---Acquittal of accused recorded by High Court warranted no interference---Leave to appeal was refused. Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11 and Sultan Ahmed v. Ghulam Raza and 2 others 1995 SCMR 664 fol. Arif Chaudhry, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 14th July, 2004. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---------This petition for leave to appeal is directed against the judgment, dated 14-3-2002 passed by the Lahore High Court, Multan Bench. 2. Precisely stating the facts of the case are that vide F.I.R. Exh.P.A. under section 302/34, P.P.C. registered on the complaint of Ghulam Sarwar P.W., wherein he has expressed suspicion that Bashir Ahmed his brother has been murdered by Fida Hussain, Faqir Bakhsh, Nazeer Ahmed respondents whose dead body was found lying in a watercourse situated near Chah Banjar Sakhani Wala. During course of investigation blood-stained earth and vomiting waste was recovered. The respondents were arrested on 12-11-1998. Upon completion of investigation they were tried as they did not plead guilty to the charge, as such prosecution led evidence to substantiate accusation against them.…

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