GHULAM MUJADDID MIRZA, J.-This is an appeal by the State against the judgment of the Additional Sessions Judge, Kasur, dated 12December, 1979, whereby the three respondents charged for the murder of Nazir Ahmad, were acquitted.
2. Learned Assistant Advocate General appearing in support of this appeal conceded that there were some contradictions and even improvements in the statements of the two eye-witnesses, but according to him these were of no consequence hence the ocular evidence could not discarded.
We do not think it is a good ground for interference in the judgment of an acquittal. Appreciation of evidence and to draw inference from the same exclusively vests with the trial Court, but this discretion is to be exercised in a judicial manner and tae Court must take care that the conclusion arrived at has not resulted into any error of law or fact or miscarriage of justice.
The impugned judgment does not suffer from any such defect. The appeal is accordingly dismissed in limine.
3. We have noticed that the appeals against acquittal are being filed now-a-days as a matter of routine. This is not proper. Principles governing such an appeal are clear, definite well defined and well known. There is ample case law. As a matter of convenience reference is made to the following two cases: "Thus, if the decisions of a question of fact has turned upon inadmissible evidence or upon a faulty reading of evidence, or where has been a departure from due procedure, in the reception of evidence or otherwise, in the trial of the matter, which is calculated to interfere with the due or safe dispensation of justice, interference by this Court will become necessary."th Similarly in the case of Shah Nawaz v. Lal Khan and 2 others (1972 SCMR 286) at page 289, it has been observed that:- "No violation of any principle governing the assessment of the evidence before the Court has been alleged. Nor can it be contended that the findings of fact arrived at by the High Court are such as may be described as `shocking to the judicial conscience."
4. We expect that the State shall in future bear in mind these principles before filing an appeal against acquittal.
A copy of this order shall be sent to the Provincial Law Secretary and the Advocate General, Punjab, for information.