Law:

Section:

Penal Code (XLV of 1860)-----------------S. 302(b)-Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal---Accused, according to F.I.R. were armed with .12 bore guns, but no recovery was effected from their possession---Delay in registration of F.I.R. was not explained---Medical evidence had been found contradictory to ocular testimony by the High Court---High Court while acquitting the accused had neither misread the prosecution evidence nor left any piece thereof out of consideration---Impugned did not call for any interference---Leave to appeal was declined to the complainant by Supreme Court accordingly. Abid Saqi, Advocate Supreme Court for Petitioner. Muhammad Riaz Hussain Basra, Advocate Supreme Court and Muhammad Aslam Ch., Advocate-on-Record for Respondents. Date of hearing: 22nd December, 2004. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, J.-------Petitioner seeks leave to appeal against the judgment dated 27th May, 2002, passed by the Lahore High Court, Lahore whereby on accepting the Criminal Appeals Nos.918 and 959 of 2000, filed by the respondent to challenge the conviction awarded to them under section 302(b), P.P.C. by the Additional Sessions Judge, Bhalwal vide judgment, dated 26th June, 2000, has been accepted as a result whereof respondents have been acquitted of the charge by means of impugned judgment, Criminal Revision filed by the petitioner bearing No.466 of 2000 has also been dismissed by means of same judgment. 2. Prosecution case against respondents Nos.1 and 2 is that they fired upon the deceased Muhammad Ameer to avenge the old enmity of murder. The fire of Sher Muhammad hit the deceased on the right knee due to which he fell down, thereafter, respondent No.2 also fired at the deceased, which too hit on the same part of the body i.e. right knee. As far as other acquitted accused namely Muhammad Zubair, Muhammad Khan, Muhammad Mukhtar, Khizer Hayat and Umar Hayat are concerned, they also fired but without causing any injury to the deceased. Accordingly the case was registered against them vide F.I.R. Exh. P.D. on the complaint of petitioner Muhammad Zulqarnain. Investigation of the case was carried out and ultimately they…

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