Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)-- ----S.302(b)---Constitution of Pakistan (1973), Art.185(3)---Occurrence having taken place in broad daylight in the crowded Chowk only a few yards away from the local Courts could not have gone unwitnessed and the assailants could not have escaped unidentified---Record did not indicate any reason for the prosecution witnesses to have spared the- actual culprits and instead implicate the accused in, the crime---Eye-witnesses were natural and independent witnesses and their testimony inspired confidence---Motive for the occurrence alleged by the prosecution also stood proved---Conviction and sentence of accused were not open to any exception---Leave to appeal was refused to accused by Supreme Court accordingly. ORDER KHALIL-UR-REHMAN RAMDAY, J.---Abid Hussain and his two brothers namely Mushtaq and Iftikhar, their Chacha Zad namely Ghulam Rasool and one Shaukat Ali were accused of the murder of Zafar Hussain deceased. In pursuance of a trial held by a learned Additional Sessions Judge at Olcara, Ghulam Rasool, Mushtaq, Iftikhar and Shaukat were acquitted by the said learned trial Judge, through a judgment dated 30-10-2000 by giving them benefit of doubt. Abid Hussain accused was however found guilty of the charge, was convicted under section 302(b), P.P.C. and was directed to suffer imprisonment for life on the said charge. He was also ordered to pay an amount of Rs.50,000 to the legal heirs of the deceased under section 544-A, Cr.P.C. or to undergo six months" S.I. in default of the payment of the said compensation. Abid Hussain convict questioned his above­ noticed conviction and punishment before the Lahore High Court through Criminal Appeal No. 174 of 2000 which was dismissed through a judgment dated 26-12-2000 of the said Honourable Court. Hence this petition. 2. The occurrence which witnessed the murder of Zafar deceased took place on 14-9-1996 in the Katchery Chowk of Depalpur at about 9/9-30 a.m. Shaukat Ali above-mentioned reported the said occurrence to Police Station City Depalpur where F.I.R. No.208 of 1996 was registered with respect to the murder in question. The mother of the deceased namely Mst. Saeeda Bibi had…

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