Law:

Section:

Penal Code (XLV of 1860) --------- ----------Ss. 302(b) & 34 --------- Qatl-i-amd, common intention --------- Application assailing the applicants as accused by Trial Court --------- Validity --------- Names of applicants in the FIR, appeared with specific role of firing at deceased, which was corroborated by medical evidence --------- Eye-witnesses, had fully implicated the applicants in their examination-in-chief recorded before the Trial Court --------- Trial Court had rightly joined the applicants as accused --------- APPLICANTs, having failed to make out a case for interference by High Court, revision application was dismissed, in circumstances. PLD 1986 Lah. 256; 1996 PCr.LJ 99; 1991 MLD 1977 and 2014 PCr.LJ 84 ref. THIS ORDER PASSED BY: MUHAMMAD IQBAL MEHAR, JUSTICE:---------- Through instant revision application, the applicants-accused have assailed the order dated 12.09.2015 passed by learned 1st Addrtional Sessions Judge; Shaheed Benazirabad, in Sessions Case No. 50/2011 (Re: State v. Abdul Hadi Parhyar and others) whereby they have been joined as accused.. 2. Related facts are that there is dispute in between complainant party and accused persons over house of Haji Zulfiqar Ali. On 11.01.2010 at 7:00 a.m. Haji Ali Hyder, the uncle of complainant, left the house to look after his land. Complainant Hazoor Bux, his cousin Haji Muhammad Yasin and Deedar Ali followed him. At about 07:00 a.m. when he crossed GPS Sawari they saw accused Muhammad Ayoob armed with DBBL gun, Abdul Hadi having repeater, Muhammad Anwar having rifle, Ali Murad having pistol, Moharam having gun coming from Sugarcane and Banana crop. It is stated that Moharam instigated others to kill Ali Hyder whereupon all accused persons fired upon him which hit him and fell down raising cry. The complainant party due to fear stood there. Then accused persons went away towards their houses. Complainant party went over Ali Hyder and found him sustaining firearm injuries. He was bleeding and was dead. After postmortem and burial, the complainant lodged the FIR. 3. During investigation the applicants took plea of alibi and I.O. found them innocent and placed their names in Column No. 2 of…

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