Law:

Section:

Penal Code (XLV of 1860)---S. 302(b)---Constitution of Pakistan, Art. 185(3)-- Qatl-e-amd---Accused had committed three murders---Presence of complainant and other eye-witnesses at the scene of crime was natural---Ocular version was corroborated by medical evidence---Blood-stained "chhuri" recovered at the instance of the accused was found to be stained with human blood---Recovery evidence was independent and impartial---Ocular testimony was consistent having no material contradiction---No previous enmity existed between the parties except the present cause of occurrence---Accused acting in a brutal way had given several "chhuri" blows to three deceased, who succumbed to the same--Impugned did not call for any interference---Leave to appeal was declined to accused in circumstances. JUDGMENT MIAN SHAKIRULLAH JAN, J.---The petitioner, having been charged for triple murder was convicted and sentenced to death by the trial Court which sentence was maintained by the High Court, has now come to this Court for the grant of leave against the aforesaid judgment. 2. The brief facts of the case, as enumerated in para-2 of the impugned judgment of the High Court, are as follows:-- "2. Briefly, stated the facts of the case as per F.I.R. (Exh.PD/1) recorded by the complainant Ghulam Sarani (P.W.6) are that he is the resident of Muaza Machhana and labourer by profession. 10/11 years ago his niece Kausar Bibi was married Ghulam Haider and his other niece Sakina Bibi was married Muhammad Akram and they lived in 32/EB. Due to some dispute Sakina Bibi and Kausar Bibi called complainant, their father Abdul Aziz, Ghulam Rasool and Ilyas in Chak No.32/EB. In order to settle the dispute a Punchayat was convened but the same could not be settled and the complainant and others were threatened of dire consequences. The complainant and others set out for Machhana at 5-00 a.m. along with Kausar and Sakina. The complainant, Ghulam Rasool and Ilyas were a few steps behind. Abdul Aziz, Kausar and Sakina when reached in front of the house of Nazeer Ahmed, Muhammad Akram armed with Chhurri came behind while raising lalkaras. He infliced six/seven Chhuri blows to Abdul Aziz on his belly, chest,…

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