Law:

Section:

Penal Code (XLV of 1860)---Ss.302/34 & 324/34---Constitution of Pakistan (1973), Art. 185(3)--¬Appeal against acquittal---Details of occurrence and even the names of the accused were not available to the Investigating Agency till the writing of the initial case diaries---F.I.R., therefore, seemed to be much more belated than the time mentioned therein which was only to concoct the story after deliberations and procurement of the complainant from his village---Had the eye-witnesses been present on the spot, they, according to the motive, would have been the first target of the assailants and their absence before the Medical Officer also had seriously pointed to their absence from the spot---Defence had been denied the right to confront the prosecution witness with his previous statement under S.161, Cr.P.C. available on record and had it been done so, it would have shattered the veracity of the said witness who according to his own statement had failed to identify the assailants who were only two or three in number---Findings arrived at by High Court regarding acquittal of accused did not call for any interference in circumstances---Leave to appeal was declined to complainant accordingly. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.--Muhammad Zaman Mangat Advocate, the son of Ghulam Rasool, the original complainant, has filed this petition for leave to appeal against the judgment dated 21-11-2001 rendered by an Honourable Single Judge of Lahore High Court in Criminal Appeal No. 1032 of 2000, whereby Muhammad Akhtar and Sikandar Hayat, the respondents were acquitted of charges under sections 302/324/34, P.P.C. concerning the murder of Muhammad Abbas Zia, Advocate and effective attempt at the lives of Nasir Masood, P.W.4 and Shahid, the abandoned witness. 2. Ghulam Rasool complainant, the father of deceased Muhammad Abbas Zia, Advocate was resident of village Mangat, located 7/8 miles away from Mandi Bhahuddin. He needed certain goods/accessories for the tube-well which were to be purchased from Mandi Bahauddin. On the day of occurrence (2-7-1994) he, alongwith one Sarfraz and another Muhammad Azam, came to Mandi Bahauddin to purchase such articles. The shopkeeper…

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