1. ' USMAN ALI SHAH, J.--Leave to appeal has been sought by Ameer petitioner against the judgment of the Lahore High Court, Multan Bench, Multan dated 10-10-1987, whereby criminal appeal of Rab Nawaz respondent was accepted and he was acquitted from the charge under section 302 PPG for the murder of Mst. Ghulam Jannat wife of his brother and daughter of Ameer complainant.
2. ' Rab Nawaz respondent was tried by the Addl. Sessions Judge Multan, for the murder of the deceased mentioned above. The learned trial Judge vide his judgment dated 15-2-1983 found him guilty of the offence, convicted him under section 302, P.P.C. And sentenced him to death with fine of Rs,5,000 or in default to undergo futher R.I. For 2 yeaRs, The amount of fine on realization was ordered to be paid to the heirs of Mst. Ghulam Jannat deceased as compensation. Appeal of the accused Rab Nawaz before the Lahore High Court, Multan Bench was accepted and he was acquitted from the charge of murder vide judgment dated 10-10-1987.
3. ' We have heard the learned counsel for the petitioner and have gone through the evidence on the record of the case. We are of the view that no case has been made out by the petitioner for our interference. As it is a night occurrence which according to the prosecution took place at 10 p.m. On 21-3-1982 at Mouza Katti-Chore 13 miles away from the Police Station Alpa. The F.I.R. Was lodged by the complainant Ameer (petitioner), father of the deceased at 11-25 a.m. On 22-3-1982 after a considerable delay of 12 houRs, The explanation of this delay given by the complainant was not found reasonable. This delay in the F.I.R. Clearly shows that the complainant who claims to be the eye-witness of the occurrence was not present at the time of the occurrence in the house of the deceased but belonged to a different village and on receipt of such information he managed to carry out the role of an eye-witness and first informant of the occurrence, being father of the deceased. There are also contradictions between the medical evidence and the eye-witnesses account. The post-mort examination reveals that the stomach of the deceased was found empty whereas according to the eye-witnesses, the occurrence took place at the time of 9-00 or 10-00 p.m. The alleged recovery of the hatchet was made from the grave yard 23 days after the occurrence which was stained with blood and the recovery of which was effected in presence of Mohammad Bakhsh and Rehana relatives of the deceased and who did not belong to that locality, Although according to Rehana there were 10-15 persons of the locality including Mushtaq and Ghulam Qadir Lambardars of the locality but they were ignored to be made the recovery witnesses by the Investigating Officer. These are sufficient circumstances which makes the case against the respondent Rab Nawaz highly doubtful and the learned Judges of the Division Bench of the High Court were justified in extending the benefit of doubt to him and have rightly acquitted him from the charge of murder. Under the circumstatnces we do not consider it a fit case for leave to appeal which is hereby refused.