Law: Pakistan Penal Code, 1860

Section: 302(b), 324, 148 , 149

Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Reappraisal of evidence---Eye-witness account---Accused-petitioner was charged that he along with his co-accused committed murder of his father and two nephews and caused firearm injures to three persons---Record showed that it was a daylight occurrence because it had taken place at 10:00 AM---Crime report was promptly lodged at 11:30 AM---In the occurrence, three innocent persons, who were father and nephews of the petitioner, were done to death---Prosecution in order to prove its case had produced three injured persons to depose the ocular account---Medical evidence was brought on record by three Medical Officers--Testimonies of the witnesses who had deposed the ocular account had been found to be consistent, trustworthy, confidence inspiring and reliable---Ocular account deposed by the three witnesses was supported by the medical evidence--Petitioner was arrested on 11.03.2015 i.e. the day when the occurrence had taken place and the firearm weapon was also recovered from his possession--Report of the Forensic Science Laboratory was positive---Prosecution had indeed proved the guilt of the petitioner beyond a reasonable doubt---Moreover, the commission of the offence was so gruesome, shocking and brutal that on account of the aggravated circumstances, the sentence of death handed down by the Trial Court and later confirmed by the High Court was justified---No reason was founded to interfere with the well reasoned judgment of the High Court--Petition for leave to appeal was dismissed and leave was refused, in circumstances. ORDER ATHAR MINALLAH, J.---This petition was filed by petitioners Muhammad Raees and Bakht Zameen. However, during the pendency of the petition, Bakht Zameen died and to his extent the petition was abated vide order dated 06.10.2025, therefore, it is now only to be heard and decided as far as Muhammad Races petitioner is concerned. 2. The petitioner Muhammad Raees has sought leave against the judgment dated 24.01.2023 of the Peshawar High Court, Peshawar. The petitioner along with…