Law: Pakistan Penal Code, 1860

Section: 302,34

Law: Criminal Procedure Code (V of 1898)

Section: 342

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--­ ----S.302/34---Constitution of Pakistan (1973), Art. 185(3)---Eye-witnesses who had no direct motive to falsely implicate the accused had fully supported the prosecution version---Accused had been apprehended on the spot alongwith the pistol---Crime empty recovered from the place of occurrence had matched with the said pistol---Ocular testimony was also supported by medical evidence---Motive for the occurrence had been independently proved ---F.I.R. had been lodged without any consultation and deliberation---Plea taken by accused in his statement under S.342, Cr.P.C. appeared to be totally false and malicious---Accused had been too aggressive to kill the deceased who had merely pursued the previous murder case either in his capacity as an advocate or as a well-wisher in the family---No mitigating circumstance justifying reduction in sentence was available on record---Conviction and sentence of accused were upheld in circumstances and leave to appeal was refused. JUDGMENT SARDAR MUHAMMAD RAZA, J.-Liaqat Hussain Khan, Advocate, on 13-7-1994 at 10-15 hours was murdered by firing in the Court premises of Bhakkar. The case vide F.I.R. No.115 of 1994 was registered at Police Station, City Bhakkar on the complaint of Shujaat Hussain Khan, .he brother of the deceased. Mehr Khan, Aziz-ur-Rehman and Khalas Khan were indicted to stand trial under sections 302/34, P.P.C. before the learned Sessions Judge, Mianwali, who, vide his judgment dated 6-11-1995, held all the accused guilty. Mehr Khan was sentenced to death while Aziz-ur-Rehman and Khalas Khan were sentenced to imprisonment for life. The convictions and sentences were upheld by a learned Division Bench of Lahore High Court vide judgment, dated 23-11-1999, Mehr Khan convict has filed the instant petition for leave to appeal, wherein we had the opportunity of hearing at length Raja Muhammad Ibrahim Satti, learned counsel for the petitioner and Sardar Muhammad Ishaq Khan, learned counsel for the complainant. 2. The complainant also has filed a separate Criminal Petition No.12-L of 2000 seeking enhancement of sentence of life imprisonment awarded to Aziz-ur-Rehman and Khalas Khan. It is…

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