Law:

Section:

Penal Code (XLV of 1860), S. 302-Murder-No corroboration by any independent circumstance to connect accused with crime--Medical evidence trot supporting prosecution case-Evidence disclosing long standing enmity between parties and all eye-witnesses of partisan character-High Court, held, acted properly in refusing interference with order of acquittal-Petition for special leave to appeal dismissed. Saeedul Hassan Khawaja, Advocate Supreme Court instructed by Abdul Karim, Advocate-on-Record for Petitioner. Masood Khan, Advocate Supreme Court instructed by M. A. Khan, Advocate-on-Record for Ijaz Ali, Advocate-on-Record for Respondent No. 7. Date of hearing : 1st November 1971. JUDGMENT SALAHUDDIN AHMAD, J-- This petition for special leave to appeal is from an order of the Lahore High Court refusing to interfere with an order of acquittal. Respondents Nos. 1 to 6 were tried for conspiracy to murder Waryam, deceased son of the petitioner, but were acquitted by the learned Sessions Judge, Mianwali. The petitioner accordingly moved the High Court in revision but failed. The prosecution relied on the ocular evidence of Court witnesses, the motive for the crime and recoveries of weapons from the accused persons as well as recovery of some crime empties from the spot. The learned Sessions Judge found all the eye-witnesses not only closely related to the deceased but also inimical towards the accused persons and on a consideration of their evidence, the learned Judge felt that they did not inspire confidence. So' far as the recoveries are concerned, apparently they were not relied on by the prosecution itself in view of the fact that the empties were not…

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