Law:

Section:

Penal Code (XLV of 1860)--- ----Ss, 396, 412, 457 & 148---Constitution of Pakistan (1973), Art. 185(3)---Appreciation of evidence---Complainant though had stated in the F.I.R. that the dacoits were unknown to her, but accused were not put to test of identification parade---Complainant had disclosed in cross-examination that accused were shown to her at the Police Station 4/5 times---Identification of accused by her at the trial would be of no relevance on that score---Testimony of son-in-law of complainant was also rightly discarded by the High Court on the ground that he was a chance witness---Recovery of the alleged looted articles, was of no avail to the prosecution as it was made in violation of provisions of S.103, Cr.P.C. and there was no evidence that same belonged to the complainant or her husband---No case for leave to file appeal having been made out, petition was dismissed. JUDGMENT NASIR-UL-MULK, J. --- The State has through this petition for leave to appeal assailed the judgment and order of the Lahore High Court, Lahore, dated 20-5-2002 whereby a Division Bench allowed the appeals of the -Respondent, Ghulam Rasool and his co-accused Muhammad Nawaz and set aside their conviction and sentences recorded by the Judge Special Court, Gujranwala, under sections 396, 457, 148 and 412, P.P.C. Ghulam. Rasool was awarded sentence of .death and Muhammad Nawaz, imprisonment for life under section 396, P.P.C. and that the remaining offences each of them was awarded 14 years, 3 years and life imprisonment in that order. Along with these substantial sentences, fines were also imposed upon the convicts for each of the offences. 2. The case in which -the -Respondent was charged and tried, was registered on 19-7-1999, on the complaint of Mst. Hassan Bibi, who reported at the Police station, Khutiala Sheikhan, District Mandi Bahauddin, that on that .day at 2-00 a.m. three unknown persons committed dacoity in her house and in the process fired at her husband Abdul Ghafoor, which eventually resulted in his death at the hospital and the complainant also received injury from blunt weapon. It is alleged that the dacoits took away with them some jewellery and cash.…

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