MUHAMMAD HANIF Versus FAIZ AHMAD

ORDER

This petition for special leave to appeal arises from the judgment of learned Sessions Judge, Bahawalpur whereby he on 3‑6‑1986 acquitted Faiz Ahmad and four others, respondents of charge a/s. 302/148/149, P.P.C. The learned counsel for the petitioner submitted that the prosecution had successfully brought home the guilt to the respondents, that the eye‑witnesses namely Riaz Ahmad PW. 13 and Zahoor Ahmad PW. 14 are quite dependable witnesses and that the reasons given by the trial Court for disbelieving the eye‑witnesses are not sound.

2. I have considered the submissions made by the learned counsel with the care. I do not agree with him. I find that before the filing of the complaint, Riaz Ahmad petitioner had lodged report at P.S. Takhat Mahal a/s. 302/148/149, P.P.C. relating to the murder of Muhammad Rafique against respondents which was found false: that a counter‑complaint was lodged by one Nazir Ahmad alleging the petitioner and the witnesses mentioned in the F.I.R. had in fact killed Muhammad Rafique; that the trial Court has disbelieved the two eye‑witnesses for good and sound reasons and that there is no independent corroboration of the statements of the eye‑witnesses qua the respondents. It is well‑settled that once an accused person is acquitted then strong and exceptional grounds would be required for interfering with the. judgment of acquittal which I do not see in the case in hand.

3. For what has been said above there being no merits in petition, petition is dismissed in limine.

S.G.D./M‑880/L

Acquittal upheld