Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302---Constitution of Pakistan, Art.185(3)---Qatl-e-amd---Contentions of the petitioners were that the occurrence had taken place on 4-9-2003 at 11-00 a.m. and despite the Police Station being situated at a distance of only about 1/4 k.m. from the place of occurrence, the F.I.R. was lodged on the next day i.e. 5-9-2003 at 10-30 a.m. which reflected adversely on the presence of eye-witnesses; that the complainant party took time for deliberations to involve the petitioner in the offence, because otherwise it was an un-witnessed crime; that if three witnesses were present at the spot, they could have caught hold of the single accused/petitioner, if not before the occurrence, at least after the occurrence and that facts of the case suggest dishonest investigation---Leave to appeal was granted by Supreme Court to reconsider the entire prosecution evidence. (b) Penal Code (XLV of 1860)--- ----S. 302---Constitution of Pakistan, Art.185(3)---Qatl-e-amd---Petition for enhancement of sentence---Leave having been granted in connected petition and present petition had arisen out of the same , leave to appeal was also granted in the present petition with direction to club both the appeals together. M. Zaman Bhatti, Advocate Supreme Court for Petitioner (in Jail Petition 28 of 2011). Muhammad Hassan Bilal, Advocate Supreme Court for Petitioner (in Criminal Peition No. 72 of 2010). Ahmed Raza Gillani, Additional P.-G. for the State. Date of hearing: 28th June, 2011. ORDER Jail Petition No. 28 of 2011…

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