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Criminal Revision Application No. 43 of 1976, decided on 3rd February, 1979.
--- S. 439-Revision against acquittal-Identification of respondents'' made in flash of torch light and no confirmatory circumstances against them-Ocular evidence interested and not reliable-Motive for offence not properly established-Acquittal of respondents, held, rightly recorded, in circumstances.-[Revision (criminal)].
Muhammad Ashraf Kazi for Applicant.
G. M. Qureshi for Respondents Nos. 1 and 2.
R. A. Qureshi for the State.
Date of hearing : 3rd February 1979.
The respondents we-re tried for an offence under section 302/34, P. P. C. and were acquitted by the Additional Sessions Judge Nawabshah on 30th of 15eptember, 1975.
2. It appears that one Ghulam Hussain came to be killed in the night outside his house by four persons. He had been called out by some body at 4 a. m. and as soon as he had come out, the attack was let loose by lathis. Muhammad Ismail, the son and two other guests by the names of Allah Obhayo and Muhammad Siddique had come out the house on hearing the cries raised by the deceased and they had identified two culprits, namely, Sher Khan and Hanifo, while -the other two culprits were not identified. However these two persons, a week later, were put up for identification test and were duly picked, up. After due investigation, the case came to be challaned in Court.
3. Admittedly, there are no physicaal features of these two respondents. The identification, otherwise too, was made in the flash of the torch light and there is no confirmatory circumstances against them. So the order of the acquittal in regard to them. is not open to any exception.
4. Mr. R. A. Qureshi appearing on behalf of the State does not support the applicant as regard the other two also and, according to me, rightly. Allah Obhayo and Muhammad Siddique live a few miles away from the vardat and there was no special occasion as to why they were staying in the house of the deceased on the night of the incident. It is said that their names had been named in the F. I. R. promptly, but there is no virtue in that either. After all they are related. There are variations in their statement and both Allah Obhayo and Muhammad Siddique have stated that the assailants had taken to their heels once they had come out. They are alleged to have produced lathis, but it is nobody's case that the same were blood-stained. Even the motive, as found by the trial Court, has not been properly established.
5. There is no merit in this Criminal Revision. I will, therefore, dismiss it.
Appeal dismissed.
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