Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Anti Terrorism Act, 1997

Section: 7(a)

Penal Code (XIV of 1860)---S. 302(b)---Anti-Terrorism Act (XXVII of 1997), S.7(a)---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal--Ocular testimony had a glaring and irreconcilable contradiction with medical evidence----Complainant and other eye-witness were close relatives of the deceased----Accused had a background of enmity of previous murder, which ended on the basis of compromise---Maternal-uncle or complainant, another eye-witness, had been dropped by the prosecution as being won over--Despite the place of occurrence being located in a populated area, no independent witness was cited to support the prosecution case---Incident was an un-witnessed one---High Court had rightly disbelieved the ocular evidence, recovery of weapons and the report of Forensic Science Laboratory---Impugned did not suffer from any illegality or infirmity and there was no miscarriage of justice---Leave to appeal was refused to accused accordingly. The State v. Rab Nawaz and another PLD 1974 SC 87 and The State through A-G. Sindh v. Shankar 1997 SCMR 1000 ref. JUDGMENT SYED ZAWWAR HUSSAIN JAFFERY, J.--The petitioner through this criminal petition filed under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, seeks leave to appeal against the impugned judgment dated 6-11-2008 delivered by the learned Lahore High Court, Lahore, whereby Criminal Appeal No. 1617 of 2004 filed by respondents Nos. I and 2 was allowed and they were acquitted of the charge and Murder Reference was answered in negative. 2. The brief facts are that respondents Muhammad Nawaz and Habibullah alias Pomi along with co-accused Muhammad Iqbal, Allah Ditta and Muhammad Nazir were tried by the learned Judge, Anti Terrorism Court-1, Gujranwala, in the case F.I.R. No. 195 of 2002 dated 2-7-2002, registered at Police Station Ali Pur Chatha, District Gujranwala in respect of the offences under sections 302/148/109 and 201. P.P.C. vide judgment dated 28-9-2004. Respondents Nos.1 and 2 were found guilty of killing Saifullah (deceased) and were convicted and sentenced to death under section 302(b), P.P.C. read with section 7(a) of the Anti Terrorism Act, 1191 with a…

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