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Criminal Petition No. 53‑R of 1980, decided on 29th October, 1983.

(On appeal from the judgment and order dated 25‑10‑1980 of the Lahore High Court, Lahore in Criminal Appeal No. 422 of 1978).

---Art. 185(3)‑Penal Code (XLV of 1860), S. 302‑Criminal Procedure Code (V of 1898) S. 417‑Eye‑witnesses failing to establish as to how they came to slot when there was sufficient opportunity for accused to kill deceased and to escape from spot unnoticed‑Deceased, in context of enmity would have accompanied accused in dark of night was also doubtful. Acquittal of accused, held, justified in circumstances Petition for leave to appeal dismissed.

Sardar M. Ishaq, Advocate Supreme Court, instructed by M. Afzal Siddiqi, Advocate‑on‑Record for Petitioner.

Nemo for Respondent No. 1.

Ghulam Dastgir, Advocate Supreme Court for the State.

Date of hearing : 29th October, 1983.

This petition is directed against the acquittal of Muhammad Saleem by the Lahore High Court by its judgment, dated the 25th of October, 1980. The High Court felt doubtful about the genuineness of the prosecution case and amongst other circumstances which it held to be doubtful, emphasis was also laid on the fact that the three eye‑witnesses failed to establish as to how they came to the spot when the was sufficient opportunity for Saleem to kill Faiz Rasool and to escape from there unnoticed. Another feature of the case about which the High Court felt doubtful was that in the context of the enmity the deceased would not have accompanied the appellant in the dark hours of the night.

The learned counsel for the petitioner fairly conceded that the acquittal was justified as there was serious doubt about the presence of the eye‑witnesses. Accordingly, he did not press the petition, which is hereby dismissed.

M. Z. M. Petition dismissed.

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