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Penal Code (XLV of 1860)-------S. 302-Acquittal upheld by High Court-Certain features of case, however, requiring re-examination-Special Leave to Appeal granted by Supreme Court. S. M. Masood, Advocate Supreme Court instructed by S. Wajid Hussain, Senior Attorney for Petitioner. Nemo for Respondents Nos. 1 to 5. Shamim Mirza, Advocate instructed by Ijaz Ali, Attorney for the State. Date of hearing : 10th October 1968. ORDER ABDUS SATTAR, J.-This petition for leave to appeal is directed against the judgment and order of a Division Bench of the High Court of West Pakistan, Peshawar Bench, dismissing an appeal preferred by the State against the order of acquittal passed by the Sessions Judge, Derajat, acquitting the respondents of the charges under sections 302/149, 307/149 and 148, P. P. C. The prosecution case was that on 24-2-1965, informant Muhammad Ali, Shah Behram and Mehr Ullah helped Sher Dil Khan and Nauroze, the two blacksmiths of their village in repairing their "chappar". The five respondents and Sard Ali (absconder) protested saying that the "chappar" belonged to them. On the same day at degar time Muhammad Ali was cleaning reeds in his chowk when Shaista Khan armed with a 12 bore S.B. gun and Sher Jan armed with a '12 bore gun of Kohati-type came there from their Chowk. P. W. Muhammad Hussain was also busy cleaning reeds. From a distance of 15 to 20 paces from Muhammad Ali, Shaista Khan fired his gun injuring the former in his left arm. Sher Jan also fired but the shot did not hit Muhammad Ali. These culprits then ran back to their Chowk. In the meantime Sard Ali, Taj Ali Khan, Mosam Khan and Badshah Khan armed with Tokas came there. Mehr Ullah deceased was then offering his prayers in the nearby mosque whereas Haji Shah Behram was sitting outside the wall of the mosque. Sard Ali and Mosam Khan fired one shot each. Shah Behram was injured by the shot of Sard Ali but that of Mosam missed him. Taj Ali Khan and Badshah Khan fired at Mehr Ullah and he was hit by the shot fired by Taj Ali and the shot of Badshah Khan missed him. The occurrence was witnessed by Ali Muhammad who was present nearby. Muhammad Ali went to Police Station Lakki at a distance of…

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