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Appeal to Supreme Court----Criminal appeal-Mere circum­stance that other accused acquitted by lower Appellate Court-Does not affect case of remaining appellant-Penal Code (XLV of 1860), S.302. Mahmud Ali, Advocate Supreme Court instructed by Siddiq & Co., Attorneys for Appellant. Mushtaq Ahmad, Advocate-General West Pakistan (Muhammad Iqbal Hussain, Advocate Supreme Court with him) instructed by Ijaz Ali, Attorney for the State. Date of hearing : 7th November 1958. JUDGMENT S. A. RAHMAN, J.-The appellant Abdur Rahim and his three nephews Fazlullah, Hamidullah and Fazal Rahi, were tried on the charge of murdering one, Libab, convicted and sentenced to transportation for life each, by the trial Judge. They were also awarded seven years' rigorous imprisonment each, on the charge of attempting to murder Libab's wife, Mst. Roshanai, the sentences being ordered to run concurrently. On appeal, the West Pakistan High Court, Peshawar Bench upheld the convictions and sentences of Abdur Rahim, but allowed the appeal of the other convicts, giving them the benefit of doubt. Special leave was given to Abdur Rahim to appeal to this Court to examine the question whether the petitioner's conviction could be said to be in order simply because he carried marks of injuries on his person indicating his presence at the spot, when the prosecution evidence has been disbelieved and found tainted with "important with suppression". The parties were at logger-heads over the possession of piece of land situate in front of the accused's house, on which manure used to be heaped. The accused claimed to be the owners of that land, but Khoidad, father of Libab deceased, and his partisans controverted that claim, alleging that the accused had encroached on other land beyond the four marlas which was within their proprietorship. The accused had brought an action in the Civil Court for establishing their right to the whole land in dispute. This was pending at the time of the incident in the present case. The occurrence took place on the 14th January 1956, in village Mohib Banda, at about 8 a. m. Libah deceased was said to have been returning, after tethering his bullocks in his hujra, towards…

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