Law:

Section:

Penal code (XLV of 1860)---Ss. 302/382/411/34---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal by High Court---High Court while acquitting the accused had considered every piece of material evidence on record---Presence of eye-witnesses at the place of occurrence on a dark wintry night was not free from doubt---Neither the culprits were named in the F.I.R. nor any identification parade was held to enable the witnesses to identify them through a judicial process-Eye-witnesses were not residents of the locality and they had failed to explain their presence at the spot---Recovery of weapon from the accused was of no consequence, as the crime-empties secured from the place of occurrence were not sent to the Forensic Science Laboratory for comparison---Investigating Officer had admitted that none of the prosecution witnesses had given the names of the accused in their statements under S.161, Cr.P.C.--Impugned of acquittal was unexceptionable and warranted no interference---Leave to appeal was refused to complainant accordingly. ORDER TASSADUQ HUSSAIN JILLANI, J.--- Leave is sought against the judgment of acquittal of respondents dated 1-6-2004 passed by the learned High Court who having been tried (in the case F.I.R.No.55, dated 9-2-1997 registered at Police Station Sarai Alamgir under sections 302/382/411/34, P.P.C.) were convicted by the learned Additional Sessions Judge/Judge Special Court, Gujrat and sentenced to death vide the judgment, dated 18-1-2001. 2. The prosecution story as given in the F.I.R. briefly stated is that on 8th of February, 1997 at 9-45 p.m. complainant along with Muhammad Shabbir, Naeem Sajid (P.W.2), Naseer Ahmad Babar Shahzad were sitting at a public call office situated in Qasba Market when they heard firing from across upper Jhelum canal on the road leading towards Jaggo Head whereupon the afore-referred persons boarded a Car (No.733-RIL) which was being driven by Muhammad Shabbir and complainant along with Asghar Ali followed the said car. In the meanwhile they heard Hasnat Ahmad and Aitezaz raising hullabaloo that they had been robbed of the motorcycle by the dacoits upon which Muhammad Shabbir started chasing…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492