Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302(6)/34---Constitution of Pakistan (1973), Art. 185(3)---Qatl-e-­amd---Appeal against acquittal---Medical evidence had contradicted rather falsified the ocular testimony---Presence of eye-witnesses at the scene of incident just after the occurrence seemed to be highly doubtful---Torches in the light of which complainant and other eye-witnesses had allegedly identified the accused, were not produced before the police immediately, but after ten days of the incident--Impugned short order passed by High Court had been treated by Supreme Court as final order, because Judge of the High Court had ceased to be the Judge of said court before recording the reasons for acquittal of accused in the case---Petition had no merits and leave to appeal was declined to complainant accordingly. State v. Asif Adil 1997 SCMR 209; Muhammad Hanif and others v. Muhammad and others PLD 1990 SC 859; Fateh Khan v. Boze Mir PLD 1991 SC 782; Abdul Rashid v. Abdul Salam and others 1991 SCMR 2012 and Sherin and 4 others v. Fazal Muhammad and 4 others 1995 SCMR 584 ref. (b) Administration of justice--- ----Short orders passed by High Court---Validity---Short orders duly signed and pronounced by Judges of High Court, for all intents and purposes in view of the situation obtaining, are final orders---Party should not be made to suffer on account of an act or omission on the part of court or other State functionaries. State v. Asif Adil 1997 SCMR 209 ref. Muhammad Kassim Mirjat, Advocate Supreme Court and Ghulam Qadir Jatoi, Advocate-on-Record for Petitioner. Mehmood A. Qureshi, Advocate Supreme Court and Mazhar Ali B. Chohan, Advocate-on-Record for Respondents Nos.1 and 3. Zafar Ahmed Khan, Additional Prosecutor-General, Sindh for Respondent No. 2. ORDER RAHMAT HUSSAIN JAFFERI, J.---On 9-2-2002 at about 1-30 a.m., the complainant Basar and P.W. Noor Muhammad were sleeping in their house, when they heard cries coming from Jaffar Wah Canal, therefore, they went there with their torches. When they reached near the said Canal they saw the respondents Khadim Bhatti armed with Hatchet, Zulfiqar Bhatti armed with revolver and, Younis Bhatti armed with iron rod.…

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