Law:

Section:

Penal Code (XLV of 1860)-----S. 302/34---Constitution of Pakistan (1973), Art. 185---Appeal against acquittal---Presence of eye-witnesses at the scene of occurrence was not natural---Recovery of the weapon of offence having been effected in the presence of .the same set of witnesses could not be given any credit--¬Murder appeared to have taken place somewhere else and the dead body was thrown in the "Nullah", the alleged place of occurrence- --Finding of acquittal recorded by the High Court was in accordance with the principles for safe administration of criminal justice and the same did not suffer from any illegality -Grounds prevailing with the High Court were neither fanciful nor shocking to the conscience---Appeal was dismissed accordingly. JUDGMENT MUNIR A. SHEIKH, J.---This appeal by leave of the Court is directed against the judgment dated 2-11-1994 passed by the Lahore High Court, whereby the appeal filed in the respondents/convicts against their conviction and sentence under section 302/34, P.P.C. has been accepted and they have been acquitted of the charge. 2. The main reason which prevailed with the learned Division Bench of the High Court was that the presence on the spot of the two eye-witnesses, namely, Muhammad Mansha P.W.7 and Muhammad Abbas P.W.4 was not proved as they were not natural witnesses. Muhammad Abbas in his evidence has admitted that usually he did not accompany his father while bringing the milk from village but he was accompanying his father on the day of occurrence on his own request. Muhammad Mansha who is the other eye-witness admitted that he close d his shop situated in Sheikhupura earlier than…

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