Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 185(3)---Supreme Court Rules, 1980, O.XIII, R.1---Petition for leave to appeal---Barred by time---Condonation of delay---Non-filing of application for condonation of delay---Effect---Supreme Court dismissed petition being barred by limitation. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Appreciation of evidence---Accused armed with Lathi neither used same nor participated in crime in any manner---Participation of accused in crime was, doubtful---Accused was acquitted in circumstances. (c) Criminal trial--- ----Acquittal of accused---Finding of acquittal could be interfered with only, where reasons of acquittal were capricious, artificial or speculative in nature. Muhammad Muzaffarul Haque, Advocate Supreme Court and Faizanul Han Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 12th April, 2004. JUDGMENT ABDUL HAMEED DOGAR, J.--- Leave to appeal is sought by petitioner/complainant Abdullah against the judgment dated 1-7-2002 passed by a learned Judge in Chambers of the High Court of Sindh, Circuit Court, Larkana, whereby Criminal Appeal No.62 of 2001 filed by respondent Rano against his conviction was allowed and he was acquitted. 2. The facts in brief leading to the filing of the instant petition are that on 26-9-1997, respondent Rano and acquitted accused, namely, Suhno and Arbelo along with absconding accused Muhammad Sharif waylaid the complainant party when complainant was going along with deceased Abdul Rahim and his relatives, namely, Amanullah and Barkat Ali to the village of accused Suhno on an invitation. According to the case of prosecution, Arbelo and Muhammad Sharif were armed with guns while respondent Rano was armed with a Lathi. Accused Arbelo and Muhammad Sharif allegedly fired at Abdul Rahim, which caused his death, whereas complainant and P.Ws. Amanullah and Barkat Ali saved their lives by taking shelter. 3. Respondent Rano was sent up to face trial along with accused Arbelo and Suhno and absconding accused Muhammad Sharif. 4. The prosecution in order to establish its case, examined (P.W.1) Dr. Abdul Hamid Mangi, (P.W.2) Saeed Khan Brohi, (P.W.3) Abdullah Jafferi,…

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