Law:

Section:

Penal Code (XLV of 1860), Ss. 302 & 307/34-Murder-Courts below finding defence story ringing true and prosecution failing to establish case against accused-Views concurrently adopted by High Court and trial Court hot suffering from any infirmity to call for interference-Petition for special leave to appeal against acquittal dismissed. Raja Muhammad Sabir, Advocate Supreme Court instructed by Rana Maqbool Ahmad Kadri, Advocate-on-Record for the State. Nemo for Respondents Nos. I to 4, Ch. Muhammad Ashraf, Advocate Supreme Court instructed by Muhammad Nazar Khan, Advocate-on-Record for the State. Date of hearing : 1st November 1971. JUDGMENT SAJJAD AHMAD, J.-The 4 respondents were charged under section 302/307/34, P. P. C. for causing the death of one, Muhammad Nawaz, and making a murderous assault on Mst. Fatima and her infant daughter, Mst. Mariam. They were acquitted by the learned Sessions Judge, Jhelum. The State filed an appeal against their acquittal in the High Court, which has been dismissed in limine. This petition for special leave to appeal against the acquittal of the respondents has been brought by Ishfaq Ahmad, a son of deceased Muhammad Nawaz. According to the prosecution case, Mst. Bano, mother of the respondents,. Muhammad Hussain and Riaz Hussain, eloped with Muhammad Banaras, a son of Muhammad Nawaz, deceased. Thereafter, she filed a suit for dissolution of marriage, which was fixed for hearing for the 10th of May 1969, on which date the present occurrence took place. It was alleged that Ishfaq Ahmad, petitioner, along with his father, Muhammad Nawaz, deceased and his sister, Mst. Fatima, were going to village Murid for purchasing cloth. At sun-rise time, when they reached near bridge Soaj, all the respondents, of whom Nazar Hussain was armed with a spear and the rest with sticks, emerged…

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