RASHID AZIZ KHAN, J.- The facts leading to the filing of this appeal against acquittal are that appellant Muhammad Khan had filed a complaint against the respondents, Yasin, Dildar, Munawar and Shafiq, for an offence under section 325 PPC. Learned Magistrate First Class, Bhakkar, vide his judgment dated 23-2- 1994, gave the benefit of doubt and acquitted the accused. Complainant has filed the present appeal challenging the acquittal.
It was contended by learned counsel for the appellant that the case was proved beyond reasonable doubt from the mouth of eye witnesses and in such circumstances the'learned Trial Court had erred in law by not relying on their testimony. Argued that even uncorroborated testimony of the eye-witnesses comming from the mouth of Muhammad Khan, and Noor Muhammad, establishes the case of prosecution beyond reasonable doubt and the same should have been relied upon.
2. I have heard the learned counsel and gone through the judgment. The learned trial Court had taken note of discrepancies in the statements of the eyewitnesses. They have contradicted each other to quite an extent. The respondents at the conclusion of the prosecution evidence pleaded innocence and produced Faqir Muhammad as DW-1,- who stated that the respondents were innocent therefore he along with others went to the Police Station and deposed about their innocence. The police after through investigation had cancelled the case. Learned trial Court had also taken note of the discrepancies between the statements of the complainant made under section 154 Cr.P.C., before the trial Court. After going through the judgment impugned, I find cogent reasons have been given to which no exception can be taken. Appeal fails which is dismissed.