Law: Criminal Procedure Code (V of 1898)

Section: 435,439,417(2),417

Law: Pakistan Penal Code, 1860

Section: 302

Criminal Procedure Code (V of 1898)--- ----Ss. 435, 439 & 417(2)---Penal Code (XLV of 1860), S.302---Revision against acquittal ---Appeal against acquittal was provided under S.417, Cr.P.C., but complainant did not apply to Government for filing appeal against acquittal nor certificate in that respect was filed by complainant---Revision against acquittal was also filed after more than six months of acquittal---Prosecution witnesses had not supported the version of complainant---In absence of any discrepancy and illegality in the of Trial Court, order of acquittal passed by Trial Court could not be interfered with---Revision against acquittal otherwise being incompetent, was dismissed. Yar Muhammad v. The State 1992 SCMR 96 ref. JUDGMENT The appellant through this criminal acquittal appeal has challenged the judgment dated 7-5-1991 passed by IInd Additional Sessions Judge, Karachi South in Sessions Case No.544 of 1985 whereby the respondent No. 1 was acquitted. Briefly stated the facts of this case are that deceased Ali Muhammad and Abu Bakar were brothers and used to reside in separate houses as tenants of landlord Ahmed who was father of accused/respondent No.1 Ghulam Muhammad. The aforesaid house was bearing No.AK 7-B situated on Jumma Baloch Road, New Kalri Katchi. The F.I.R of this incident was lodged by Muhammad Aslam who was brother-in-law of deceased and used to live adjacent to them. On 28-4-1985 at about 5 p.m. he heard cries of woman in the house of Ahmed and went to that house where he saw that accused Ghulam Muhammad was having blood-stained Churri in his hand and was going to the room of his father. P.Ws. Muhammad Younus and Muhammad Hashim were attracted who also saw the accused with blood-stained Churri in his hand. They saw the dead bodies of Ali Muhammad and Abu Bakar were lying in the room. They had stabbed wounds. They caught hold of accused Ghulam Muhammad and confined him in a room. Complainant Muhammad Aslam then went to Police Station Baghadadi arid lodged the report. It was stated in the 17.4.11 that incident was witnessed by complainant Muhammad Aslam, Muhammad Younus and Muhammad Hashim. The motive as mentioned in the F.I.R is that…

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