Law: Pakistan Penal Code, 1860

Section: 302(b),337F(ii),337A(i),337A(ii),302

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)--- ----Ss.302(b), 337-F(ii), 337-A(i) & 337-A(ii)---Constitution of Pakistan (1973), Art. 185(3)---F.I.R. having been lodged without any loss of time, no question of any deliberation and consultation could arise---Close relationship of the injured witnesses with the deceased was no ground to discard their testimony who were natural witnesses of the occurrence having no motive to depose falsely against the accused or to substitute them for. the real culprits---Medical evidence and the recovery of the weapons of offence from the accused stained with human blood had supported the ocular evidence---Motive for the occurrence was proved--­Evidence of eye-witnesses was truthful, confidence-inspiring and trust­worthy which did not suffer from any contradiction and discrepancy--­Motive was not shrouded in mystery and in any case absence of motive or its weakness and insufficiency in such like-cases could not be considered as a mitigating circumstance for awarding lesser penalty--­High Court had appraised the evidence in consonance of the principles laid down by Supreme Court---Leave to appeal was refused to accused accordingly. (b) Penal Code (XLV of 1860)--- ----S.302---Sentence---Motive---Weakness and insufficiency of motive or absence of motive in murder cases cannot be considered as a mitigating circumstance for awarding lesser punishment. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.-Leave to appeal is sought in this jail petition preferred under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, against the judgment dated 22-5-2001 passed by a learned Division Bench of Lahore High Court, Lahore" whereby Criminal Appeal No.75-J of 1996 filed by the petitioners was dismissed and Murder Reference No. 192 of 1996 sent by the learned trial Judge was answered in the affirmative. The petitioners namely, Saeed, Waheed and Khurshid were tried in a case under sections 302/324/148 and 149, P.P.C registered against them at Police Station urban area, Sargodha relating to the occurrence taken place on the same day in the area of Faridkot, Sargodha in which Muhammad Saghir and Muhammad Shabbir were murdered and Zulfiqar and Muhammad…

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