Law: Pakistan Penal Code, 1860

Section: 302,364A,201

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--- ----Ss.302, 364-A & 201---Constitution of Pakistan (1973), Art .185(3)--­Deceased was last seen with the accused before he was found missing--­Prosecution witness before whom the accused had made extra-judicial confession had supported the prosecution case in unequivocal terms who had no malice, ill-will or animosity against the accused to falsely implicate him in the case---Accused had pointed out the place where he had thrown the deceased in the canal and had led to the recovery of the shirt of the deceased which had further corroborated the prosecution case---Courts below had correctly appreciated the evidence on record--­Impugned was based on good reasons and the law laid down by Supreme Court and was not open to any exception---Leave to appeal was declined to accused accordingly. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---Petitioner seeks leave to appeal against the judgment dated 3-4-2001 passed by the Lahore High Court, Lahore in Criminal Appeal No.768 of 1995 and' Murder. Reference No.40 of 1996. 2. Brief facts of the case are that the complainant Mehmood Ahmad, resident of Street No.65, Usman Park, Fareed Town, Gujranwala was married to Mst. Ramzan Bibi, daughter of his maternal uncle Talib Hussain. The marriage was celebrated in the year 1984. Four sons have born out of the wedlock. Abdur Rahim, husband of complainant's maternal aunt was also resident of Chak .No.122/JB Noorpur. In the year 1990, Mureed Hussain alongwith others was involved in a dacoity case and was sentenced to 7 years' rigorous imprisonment. On appeal, he was acquitted by the Lahore High Court, and his father Abdur Rahim brought him to live with the complainant at Gujranwala, therefore, he was staying with him. Mureed Hussain/accused developed illicit relations with the wife of the complainant, and about 14/15 days prior to the occurrence, the complainant alongwith his brother 'Muhammad Yaqoob and father Muhammad Sharif suspected Mureed Hussain for his illicit relations with Mst. Ramzan Bibi. On 30-8-1993 Ehsan Ullah, son of the complainant, had seen his mother Mst. Ramzan Bibi and Murreed Hussain in compromising position in a room and informed the…

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