Law:

Section:

(a) Penal Code (XLV of 1860)----- ----Ss. 302(b)/149 & 148---Constitution of Pakistan (1973), Art. 185(3)---Motive was established on record---Close relatives of the deceased in such type of cases happened to be natural witnesses as due to growing tendency among general public nobody wanted to come forward to depose for a neighbour or a stranger for fear of life and lack of security---Eye-witnesses were not shown to have any grudge or animus against the accused to falsely involve or to substitute them for the real offenders---Impugned of High Court did not suffer from any misreading or non-reading of any material piece of evidence and also did not suffer from any legal infirmity or error of law or jurisdiction warranting interference by Supreme Court---Leave to appeal was declined by Supreme Court accordingly. (b) Penal Code (XLV of 1860)---- ----Ss. 342(b)/149 & 148---Appreciation of evidence---Absence of motive---Principles---Conviction can be recorded even in the absence of motive---Existence of motive for commission of every crime is not an inflexible rule of law. JUDGMENT ABDUL HAMMED DOGAR, J.---By this common judgment we intend to dispose of Criminal Petitions No.393 and 899-L of 2002 as these arise out of a common judgment, dated 17-10-2002 of a learned Division Bench of the Lahore High Court, Lahore, whereby Criminal Appeal No. 1619 of 2000 filed by petitioners Mukhtar Ahmad, Muhammad Anar, Muhammad Aslam and Haq Nawaz alias Haqqu was dismissed whereas Criminal Appeal No. 1771 of 2000 filed by Muhammad Akbar petitioner/complainant against the acquittal of accused, namely, Mazhar Hussain, Muhammad Ashraf, Nasir Mahmood, Jamal Din and Amir Sultan and Criminal Revision No.852 of 2000 also filed by him for enhancement of amount of compensation and the sentence of abovementioned accused were dismissed and the reference forwarded from confirmation of sentence of death awarded to Mukhtar Ahmad petitioner was answered in affirmative. 2. The fateful episode in this case took place on 15-5-1995 at about 8-00 a.m. when complainant Muhammad Akbar alongwith Muhammad Yar, Nazir Ahmed, Muhammad Yar and Zafar Iqbal had gone to Bhera to attend the Court for…

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