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Penal Code (XL v of 1860), S. 302-Prosecution witness related to deceased-Statement, however, corroborated by recoveries-High Court was justified in upholding conviction. ORDER WAHEEDUDDIN AHMAD, J.-Petitioner Muhammad Aslam was tried along with Muhammad Shafi, Chiragh, Muhammad Ishaque, Mst. Bushra and Mst. Aisha, under sections 302, 148 and 149, P. P. C. for the murder of Mohammad Hanif son of Mohammad Shafi deceased. The learned trial Judge convicted Mohammad Aslam petitioner and Mohammad Ishaque under sections 302, and 34, P. P. C. and acquitted the rest of the accused persons. Mohammad Aslam petitioner was sentenced to death and Mohammad Ishaque to transportation for life. The two accused persons challenged this order in Criminal Appeal No. 250 of 1970. The matter was also considered in Criminal Reference. The Lahore High Court, by judgment dated the 20th November 1972, accepted the appeal of Mohammad Ishaque and confirmed the death sentence of Mohammad Aslam petitioner. The petitioner seeks permission to file an appeal against the said judgment. The prosecution case is that the occurrence took place at about 2-00 p.m. on the 16th June 1968 in Village Karolwar, Police Station Manawan, District Lahore. It is alleged that about a year prior to the occurrence, Muhammad Hanif deceased had abducted Mst. Bushra, daughter of Chiragh. She was engaged to Mohammad Aslam, petitioner. Due to the pressure of the bratheri, she was returned to her parents. Ten days later, she was married to Muhammad Aslam petitioner. It is alleged that even after her marriage, whenever she got a chance, Mst. Bushra told the deceased to abduct her again and take her away. But the deceased did not agree to this suggestion. It is alleged that in these circumstances, Mohammad Aslam, Mst. Bushra, her parents as well as her in-laws, became inimical towards Mohammad Hanif deceased. On the 16th June 1968, the deceased went to the city on his bicycle to purchase a bunyan and foam chappal. At about 2-00 p.m.., he was returning from the city. When he reached near the house of Mohammad Aslam and Chiragh, who were sitting on the road near the house, they got up. Mohammad Aslam gave a toka blow to the…

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