Law:

Section:

Penal Code (XLV of 1860), S. 301-Murder-Special leave appeal-Eye-witnesses not only related to deceased but also inimical towards accused-Evidence of recovery witnesses not reliable-Extra­judicial confession found to carr3, no weight-Motive alleged found to the untrue-petition for special leave to appeal against acquittal dismissed. Hassan Ahmad Khan Kanwar, Advocate Supreme Court instructed by Sir. Masud Akhtar, Advocate-on-Record for Petitioner. Mien Nusrat Ullah, Advocate Supreme Court instructed by Kh. Wali Mohammad, Advocate-on-Record for the State. Nemo for Respondents Nos. 2 to 4. Date of hearing : 1st November 1971. JUDGMENT M. R. KHAN, J.-Khadim Hussain, Jaffar Hussain and Maddad Ali , who are respectively the respondents Nos. 2, 3 and 4, were tried by the Sessions Judge, Sahiwal for the murder of Muhammad Din alleged to have been committed by them on the 18th April 1968, before sunset. They were also charged for theft for snatching away the gun of the deceased. The Sessions Judge acquitted Maddad Ali of the murder charge, but convicted him under section 379 of the Pakistan Penal Code for the theft of the gun and sentenced him to rigorous imprisonment for 3 months. The Sessions Judge convicted Khadim Hussain and Jaffar Hussain under section 302/34 of the Penal Code and sentenced them to death, but acquitted them of the charge under section 379. On appeal and reference, a Division Bench of the Lahore High Court acquitted both Khadim Hussain and Jafhar Hussain of the charge under section 302/34 and set them at liberty. A criminal revision was also filed against the acquittal Maddad Ali of the charge under section 302/34, but the revision was dismissed. The petitioner, who was the complainant in this case, has now come tip with this petition for special leave to appeal against the judgment and order of the High Court. The prosecution case was that on the 18th April 1968, Muhammad Din, deceased along with his brother Muhammad Hassan (P. W. 7) went to Mauza Alike Rohela with wheat for grinding the same at the flour mill there. When they were returning in the evening, Wali Muhammad joined them. As all the three were proceeding towards their village, Khadim…

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