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Criminal Petition for Special leave to Appeal No.318 of 1980, decided on 11th February, 1985.

(Against the judgment of the Lahore High Court, Lahore, dated 26‑4‑1980, passed in Criminal Appeal No.2 of 1977).

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), Ss.148 & 302/149‑‑Acquittal of petitioners challenged‑‑Contentions raised already considered and repelled by High Court in well‑reasoned judgment‑‑Not open to inter ference‑‑Leave refused.

Khawaja Muhammad Sharif, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate‑on‑Record (absent) for Appellant.

Mian Nusratullah, Advocate Supreme Court for the State.

Date of hearing: 11 February, 1985.

This petition by Waris Ali is directed against the acquittal of Nazir, Rehmat, Hassan and Allah Ditta, respondents 1 to 4 respectively.

2. The respondents were accused of the murder of Ashiq Ali deceased. They were tried by the learned Additional Sessions Judge, Lahore, who vide his judgment dated 30‑6‑1976, acquitted all of them of the charge under sections 148 and 302/149, P.P.C. The State filed an appeal against their acquittal which was dismissed by the High Court vide its judgment dated 26‑4‑1980.

Hence the present petition.

3.We have heard the learned counsel for the petitioner and gone through the impugned judgments.

We notice that all the contentions raised by the petitioner's counsel before us were also raised before the Courts below but were repelled. Having considered these contentions and after going through the impugned judgments we feel that the well‑reasoned judgment recorded by the High Court does not warrant any interference by this Court.

The petition is, therefore, rejected as having no force.

M. I. Petition dismissed.

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