Law:

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Criminal Procedure Code (V of 1898)---------S. 417---Penal Code (XLV of 1860), S.302/34---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal---Presence of complainant- at the spot at relevant time was highly improbable and two other prosecution witnesses being chance witnesses, their testimony required strong corroboration, but same was not available at all---All witnesses had stated that accused had fired hundred of rounds on the spot, but not even a single empty was recovered from the spot---Non ¬recovery of empties, was indicative of two glaring facts; firstly, that the eye-witnesses were not present on the spot and; secondly that spot indicated by the complainant was not the place of occurrence---Occurrence had not taken place in the manner described by the said witnesses---In absence of any other evidence, abscondence of some of accused, would lose its significance---High Court, in circumstances had rightly extended benefit of doubt to accused and had rightly acquitted them of the charge levelled against them. Muhammad Abdus Saleem, Senior Advocate Supreme Court with Imtiaz Muhammad Khan, Advocate-on-Record for Appellant. Rashad Ali Chaudhary, Advocate Supreme Court for Respondents Nos. 1 and 2. Gabrial Francis, Advocate Supreme Court for Advocate-General Punjab for the State. Date of hearing: 14th November, 2003. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.--- Muhammad Zaman complainant has filed this appeal after leave of Court against the judgment dated 2-7-1995 of a learned Division Bench of Lahore High Court whereby respondents Muhammad Afzal, Muhammad Akhtar son of Lal Khan, Muhammad Akhtar and Muhammad Iqbal sons of Shah Muhammad and Lal Khan were acquitted of the charge of murder of Mumtaz Hussain, the real brother of the complainant. 2. The occurrence had taken place on 25-8-1989 at 4-30 p.m. at the Dera of Muhammad Zaman, the complainant located 2/3 furlongs East of complainant's village Dewna. Muhammad Zaman, according to F.I.R. along with Farman Ali and Walayat Khan was present in his Dera located on G.T. Road. His brother Mumtaz Hussain, a Councillor wasalso sitting on a cot in the adjoining donkey pump. At about 4-30 p.m. a red…

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