Law:

Section:

Penal Code (XLV of 1860)-------S. 302/34---Constitution of Pakistan (1973), Art.185(3)---Contentions were that overwhelming prosecution evidence was available on record to establish accusation against the accused; that delay in lodging the F.I.R. in view of the facts and circumstances of the case was not fatal for prosecution case; that variation in the time of death of the two deceased did not create any doubt in the case; that intrinsic value of the prosecution evidence had remained intact despite lengthy cross-examination of the prosecution witnesses including the complainant; that Trial Court after having appreciated evidence in accordance with law, had convicted the accused assigning cogent reasons and that the impugned of High Court acquitting the accused was contrary to the law laid down by Supreme Court---Leave to appeal was granted to State, inter alia, to examine as to whether the accused had rightly been acquitted by the High Court. Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11 and Tehmina Mufti v. University of Sindh, Jamshoro and another 1995 SCMR 664 ref. Muhammad Sarwar Khan, Additional Advocate-General for Petitioner. Nemo for Respondents. Date of hearing: 30th June, 2004. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, J.-----This petition for leave to appeal is directed against the judgment, dated 17th October, 2003, passed by the High Court of Sindh, Karachi in Criminal Appeal No.77 of 2000, whereby appeal filed by the respondents was allowed. 2. Precisely stating facts giving rise to the instant case are that the complainant had a family dispute i.e. demand of hand of girl with the respondents. On 17th July, 1998, at about 7-00 a.m. complainant Kabil Khan was present in the shop of Muhammad Siddique situated in his village Masoor Ji Wah. P.Ws. Shabbir and Muhammad Siddique were also present complainant was sitting in nearby hotel to take tea while Nasrullah (deceased) another son of complainant was present in his own shop/Medical Store at some distance. Accused-respondents Shah Nawaz alias Shahan and Azizullah armed with guns while Dilshad armed with a pistol appeared and raised Lalkara that they would not to be spared by them…

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