1990 PLP 645 (SCMR)

M.B.Zaman, Senior Advocate Supreme Court and Manzoor Elahi, Advocate‑on‑Record for Respondents Nos.l to

13. Rao M. Yousaf Khan, Advocate‑on‑Record for the State. Date of hearing: 21st June, 1989. ALI HUSSAIN QAZILBASH, J.‑‑This is a petition for leave to appeal against the order of the Lahore High Court, dated 23rd September, 1986.

2. According to the F.I.R. Exh.PP/1, recorded by Muhammad Zulfiqar S.L(PV'‑13), S.H.O., Police Station Dinga, District Gujrat, at 8‑40 p.m., thirteen persons were charged by Oadar Dad (PW‑8) for committing the murder of Fateh Muhammad and injuries to four persons. On their arrest, all the accused were tried under section 302/307/324/149, P.P.C. read with section 148, P.P.C. The trial Court convicted Bahadur Khan, Oadar Dad, Riasat Ali, Muhammad Aslam, Mchdi Khan and Muhammad Ali under section 302/149, P.P.C. and sentenced them to death. Farman All, Zaman, Sardara, Shan. Mian Khan and Ashraf were convicted under section 302/149, P.P.C. and sentenced to life imprisonment. Muhammad RaZ7aq was, however, acquitted. All the accused/ respondents were also convicted under section 307/149, P.P.C. and sentenced to ten years' R.I. each and under section 324/149, P.P.C. and sentenced to three years' R.I. each. They were also convicted under section 148, P.P.C. and sentenced to three years' R.I. each. All the twelve convicts were individually sentenced to pay a fine of Rs.10,000 each and half of this amount was ordered to be paid to the heirs of the deceased and the injured persons equally. In case of failure of payment of fine, all the convicts were to undergo further R.I. for one year. On appeal by the convicts, the High Court vide the impugned order acquitted them and the revision fled by the complainant was dismissed through the same order.

3. We have heard the learned counsel for the parties. The High Court based the acquittal of the respondents on the following observations:‑ "According to the eye‑witnesses all the 13 accused had caused injuries to the deceased but they are belied by the medical evidence because only 11 injuries were found on the person of the deceased. It is not possible that each of the accused would confine himself to causing one blow only to the deceased, even in that case the number of injuries should have been more on the person of the deceased. This fact (cads to an irresistible conclusion that the number of accused has definitely been exaggerated by the complainant party and they have thrown the net too wide to implicate as many persons of the opposite side as possible. There is absolutely no corroboration of the testimony of the eye‑witnesses. Nothing incriminating had been recovered from the accused. The dangs which were recovered were not produced in the Court, nor were they found to be stained with blood. The number of injuries found on the person of the deceased are not commensurate with the number of accused. The motive and the medical evidence cannot furnish the required corroboration."

4. The arguments of the learned counsel for the petitioner hardly made any dent in the analysis of the evidence made by the learned Judges of the High Court. Since the ocular evidence in this case has come from very highly interested witnesses, which has not been corroborated from other independent source, we find that the High Court was justified in ordering the acquittal of the respondents. The petition is thus dismissed. M.A.K./Q‑28/S Petition dismissed.