Law:

Section:

(a) Penal Code (XLV of 1860)---S. 302/34---Constitution of Pakistan (1973), Art. 185 (3)---Appeal against acquittal---Accused initially were not named in the F.I.R.---None of the eye-witnesses including the star witness, a resident of the locality, had ascribed any overt act to the accused which could establish their involvement---Overt act ascribed by the eye-witnesses was belied by the medical evidence---Appellate Court had arrived at a just conclusion after having properly appreciated the evidence---Leave to appeal was consequently refused by Supreme Court to the complainant against acquittal of accused. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Constitution of Pakistan (1973), Art. 185 (3)---Accused had initially been nominated in the F.I.R.---Eye-witnesses including the injured ones had implicated the accused in the case by unanimously ascribing specific role to each of them---Ample evidence was available on record to connect the accused with the occurrence---Courts below had properly and legally assessed the evidence without misreading or non-reading of the same---No ground for interference with the impugned was made out--- Leave to appeal was refused to accused by Supreme Court accordingly. JUDGMENT RASHID AZIZ KHAN, J.---Abovementioned two petitions (Criminal Petition No. 98-K of 1999 titled Rahab v. Muhammad Ismail and 2 others, and Jail Petition No. 233 of 1999 titled Hamid Ali and another v. State) arise out of the same occurrence and the same judgment, therefore, both these petitions will be disposed of by this common judgment. 2. Facts in brief are that complainant Rahab reported murder of his son Mir Muhammad with Police Station Town, Larkana, against Hakim Ali, Qurban, and 2 others. During investigation, Muhammad Iamail and one Ghullan were arrested. After usual investigation, the case came up for hearing before learned VI-Additional Sessions Judge, Larkana, who vide his judgment dated 24-9-1998 convicted all the accused to imprisonment for life with fine of Rs.25,000 each or in default six months R.I. The convicts appealed. A learned Judge in Chambers of High Court of Sindh, vide his judgment dated 28-10-1999, extended benefit of doubt and…

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