Mubashir and Mansha respondents were accused of offences punishable under section 302/.452/34 of the P.P.C. Vide F.I.R. No.141/88 of Police Station Cantt. Gujranwala for having allegedly trespassed into the house of one Muhammad Riaz and for having thereafter murdered him.
2. They faced trial on the said charges but were acquitted through a judgment, dated 28-2-1991 by a learned Additional Sessions Judge of Gujranwala.
3. The State having refused to file an appeal against the said acquittal, he complainant-petitioner has approached this Court through the present petition to impugn the said acquittal.
4. The occurrence had allegedly taken place at about 10 p.m. When Mubashir and Mansha accused were alleged to have first grappled with Riaz deceased and then to have shot him dead.
5. The F.I.R. Had been recorded at the instance of Muhammad Akram who was a brother of Riaz deceased and who was posted as a foot constable in the Police Department at Lahore. He had claimed that he had gone back home on leave on account of ailment of his mother but having reached his home he decided not to stay for the night in his house or with his mother and instead elected to spend the night of occurrence in the house of his brother.
6. The learned trial Court found the presence of Akram complainant at the place of occurrence at the relevant time, to be highly doubtful.
7. Mst. Azra Bibi the widow of the deceased, who was a natural witness of the occurrence in question, had deposed that some unknown persons had killed her husband and that Akram complainant and Sadiq had persuaded her to nominate Mubashir and Mansha accused as the assailants but she had declined to oblige.
8. Both the respondents had been found innocent during the course of investigation by at least two D.S.Ps. Who had investigated the case.
9. The reasons which had weighed with the learned trial Court for acquitting the respondents do not appear to be ill-founded or arbitrary.
10. Consequently, I find no merit in this petition which is therefore, dismissed.
N.H.Q./M-469/L