Law: Pakistan Penal Code, 1860

Section: 302(b),34

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--- ----S. 302(b)/34---Constitution of Pakistan (1973), Art.185(3)---Sentence--­Genesis. of the occurrence was not clear and it was not known as to what had happened at the spot and what had actually transpired between the parties immediately prior to the said occurrence---Impugned view taken by High Court for reducing the sentence of death of accused to imprisonment for life was neither whimsical or arbitrary nor . the same was based on misreading or non-reading of evidence available on record---Leave to appeal was refused to the complainant by the Supreme Court in circumstances. ORDER KHALIL-UR-REHMAN RAMDAY, J.---This petition under Article 185(3) of the Constitution filed by Muhammad Khan complainant calls in question a judgment dated 20-11-2001 passed by the Honourable Lahore High Court, in Criminal Appeal No.412 of 1996 and Murder Reference No. 194 of 1996 to the 'extent that it converted the sentence awarded to Muhammad Bashir convict into a punishment of imprisonment for life. This petition also prays for enhancement of the sentence of imprisonment for life awarded to Umer Daraz convict to a sentence of death. 2. Three real brothers namely Muhammad Bashir convict, Umer Daraz convict and Muhammad Aslam acquitted accused, were alleged to have committed the murder of one Sultan Mehmood and of having caused injuries on the persons of Nasar Hayat P.W.10, Khurshid P.W.12 and Muhammad Afzal P.W.13 at the instance of their maternal cousins namely Muhammad Amir and Muhammad accused who were acquitted by the learned Trial Judge. 3. Upon their conviction under section 302(b)/34, P.P.C. Muhammad Bashir, as has been noticed-above, was inter alia awarded a sentence of death while Umer Daraz convict was directed to suffer imprisonment for life. The Honourable High Court maintained their conviction under section 302(b)/34, P.P:C. as also under section 337-F(ii)/34, P.P.C. but reduced the sentence of death awarded to Bashir convict to a sentence of imprisonment for life. 4. This was done by the High Court on the ground that having alleged through the F. I. R. that a. dispute between the parties regarding WARA had been decided by a Civil Court in…

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