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Section:

JUSTICE RAJA AFRASIAB KHAN (MEMBER) ---Abdul Ghaffar alias Kara (20) son of Fida

Hussain, Ashiq Hussain alias Achhi (22) son of Fida Hussain and Muhammad Latif alias Kala (22) son of Muhammad Iqbal were tried by Mr. Justice (Retd.) Ch. Muhammad Sharif, learned Judge Special Court for Speedy Trials, Multan, for having committed the offences under section 302/34/411/392, P.P.C. and section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, on 8-9-1990 at about 4-30 a.m. at the Bus Stop of Nai Aath Kassi, within the area of Police Station Kabeerwala, District Khanewal. Abdul Ghaffar, appellant, was convicted under section 302, P.P.C. for the murder of Abdul Jabbar (48) and sentenced to death plus a tine of Rs.2,00,000 or in default thereof to suffer S.I. for one year. In case of recovery of fine, it was directed that a sum of Rs.1,00,000 shall be paid to the legal heirs of the deceased, as compensation under section 544-A, Cr.P.C. Ashiq Hussain and Muhammad Latif, were, however, acquitted of the murder charge. All of them were convicted and sentenced to suffer 14 years' R.I. and to pay a fine of Rs.1,00,000 each or in default thereof to suffer further six months' S.I. under section 392, P.P.C. for committing robbery on a highway between sunset and sunrise. All the accused were acquitted of the charge under section 411, P.P.C. for lack of evidence. Benefit of section 382-B, Cr.P.C. was extended to the convicts. Abdul Ghaffar and Ashiq Hussan have filed a joint appeal (CrA.No.4/SAC-1991) while Muhammad Latif has filed CrA.No.5/SAC-1991, challenging their convictions and sentences before this Court. This judgment shall dispose, of both the appeals together as they arise out of the same judgment.