MUHAMMAD SAEED Versus MUNIR AHMAD

ORDER

ALI HUSSAIN QAZILBASH, J. --This is a petition for leave to Appeal against the Judgment of a learned Single Judge of the Lahore High Court, dated 16-1-1983.

2. The respondents were charged under section 302/34 P.P.C. for committing the murder of Mahmood Anwar on 26-1-1981 at 8.30 a.m., the report of which was lodged the same day after an hour of the occurrence. After about six months one Muhammad Baig, a relation of the deceased, filed an application to the police charging a different set of accused namely, Shaukat Majid, Liaqat, Muhammad Aslam and Muhammad Yousaf to have committed the murder of Mahmood Anwar. The investigation against the seven accused was taken in hand and after its completion, the respondents alongwith the four others given above were put to trial before the learned Sessions Judge, Gujrat, who vide his Judgment dated 8-9-1982, acquitted the respondents and the four acquitted accused cited above. It seems that the State did not agitate the matter further, but the complainant, namely, Muhammad Saeed, filed a revision petition against the acquittal of the respondents in the High Court. This revision was dismissed through the impugned Judgment.

3. We have gone through the Judgments of the Courts below and are of the view that the case does not require our interference, in that a grave doubt in respect of the participation of the respondents in this case was created by naming other set of persons to have committed this offence. Besides this the learned trial Court has scanned the evidence carefully and came to the conclusion that the case against the respondents is not free from doubt, with which we agree.

4. Thus finding no force, this petition is dismissed.

M.I./M-268/S Petition dismissed.