Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLVof 1860)--- ----S. 302(b)---Constitution of Pakistan (1973), Art. 185(3)---Deceased and the accused had no grudge or enmity with each other except the quarrel in question taking place 2/3 days prior to the occurrence which being a petty matter would not provide a strong reason for false implication of accused---Eye-witnesses were entirely independent and their testimony of unimpeachable character was corroborated by medical evidence and motive and in the given facts the exclusion of evidence of recovery from consideration by the Trial Court would not affect the prosecution case against the accused---Leave to appeal was declined to accused by Supreme Court in circumstances. JUDGMENT D NAWAZ ADBASI, J.---This petition under Constitution of Islamic Republic of Pakistan has the judgment, dated 13-7-2001 passed by a learned Division Bench of Lahore High Court, Bahawalpur Bench, in Murder Refernce No .3 of 1999 sent by learned Additional Sessions Judge, Chishtian under section 374, Cr.P.C. to the Hiizh Court and the Criminal Appeal No.14 of 1999 filed by the petitioner against his conviction and sentence. The relevant facts of the case as contained in the report lodged by Muhammad Bakhsh at Police Station Shahar Farid, Bahawalpur, on 26-6-1996 at 6-45 p.m., on the basis of which a case under section 302(b), P.P.C. was registered against the petitioner, are that petitioner was a tenant in the land of Bhaini Walidad Lakhvcca in village Meero Balloch and was neighbour of Muhammad Bakhsh complainant, who alongwith his family members was in self-cultivation of the land owned by him in the village. About y4 days prior to the occurrence a buffalo from herd of cattle being driven by Muhammad Iqbal (deceased) trespassed into the wheat crop of Sarfraz, petitioner as a result of which the deceased and petitioner exchanged trot words and the matter was patched up but the petitioner having borne grudge in his mind was revengeful. On the fateful day at about 5 p.m. the petitioner while armed with 12 bore gun challenged Muhammad Iqbal who was proceeding to his house with herd of cattle, when the petitioner while using abusive language fired at Muhammad Iqbal which…

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