Law: Pakistan Penal Code, 1860

Section: 302,324

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)--- ----Ss. 302 of 324---Constitution of Pakistan (1973), Art.185(3)--­Contentions were that medical evidence was in material conflict with ocular testimony; that the eye-witness account on which two co-accused had been acquitted had been relied upon to convict and sentence the accused and that the recovery of the crime empty and the gun was of no avail to prosecution--­Leave to appeal was granted by Supreme Court to accused to consider inter alia the said contentions. (b) Penal Code (XLV of 1860)--- ----Ss. 302 of 324---Appraisal of evidence---Dispute relating to the ownership of the "Ahata" existed between the parties---Eye-witnesses had categorically stated that the deceased and the injured witness had received injuries as a result of separate shots fired by the accused---Medical evidence had corroborated the ocular testimony---Finding of guilt of accused by the Courts below was not open to any exception and his convictions were maintained accordingly---Immediate cause of fateful occurrence having remained shrouded in mystery, sentence of death of accused under S.302, P.P.C. was converted into imprisonment for life. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---This appeal by leave of the Court has been preferred against the judgment dated 1-10-1998 passed by a Division Bench of Lahore High Court, Bahawalpur Bench, Bahawalpur in Criminal Appeal No. 147 of 1996 and Murder Reference No. 23 of 1996. Muhammad Tariq, appellant and two others, namely Ishtiaqur Rehman and Tasaddiq Hussain, were tried by learned Sessions Judge, Bahawalpur, for the charge under sections 302/34, P.P.C. and 324/34, P.P.C. for committing murder of Muhammad Anees and causing murderous assault upon Umer Farooq. The learned trial Judge having found the appellant and his above named co-accused guilty of the charges convicted and sentenced them vide judgment dated 17-12-1996 in the following manner:-- (a) Muhammad Tariq, appellant, was sentenced to death whereas Ishtiqur Rehman and Tasaddiq Hussain his co-accused, were sentenced to imprisonment for life with tine of Rs.20,000 each and in default of payment of tine to undergo R.I. for six months each for the charge under…

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