Law:

Section:

Constitution of Pakistan (1973) ---Art. 185 (3) Penal Code (XLV of 1860), S. 302 Contentions that there existed subsisting enmity ; witnesses closely related to deceased ; occurrence took place at such time when identification of assailants not possible and accused not supplied with copies of certain state¬ments High Court rejecting such contention after detailed reasoning Question of believing or disbelieving evidence is question of. fact No principle of law in appraisement of evidence violated by Courts below¬ Leave to appeal refused. [Question of fact]. ORDER M. S. H. QURAISHI J. The petitioner was found guilty under section 302, P. P. C. of the murder of Azizullah Khan deceased and was accordingly sentenced by the Sessions Judge, Mianwali, to imprisonment for life. His appeal before the Lahore High Court having been dismissed, he now seeks leave to appeal. 2. The occurrence had taken place on 30 3 1968 at 6 30 p. m. in Mohallah Muhajreen, village Piplart, about a furlong away from P. S. Piplan. The deceased alongwith his maternal uncle Abdul Qadeer Khan had at that time been coming towards his house. The petitioner, who came from the opposite side, shouted that he would avenge the beating given by the deceased's uncle Tufail Ahmed to his (petition's) uncle Ghulam Sarwar, took out a knife and plunged the same on the left side of the chest of the deceased. At the alarm raised by Abdul Qadeer Khan, Muhammad Amir, Hafiz Ghulam Muhammad and Abdul Qayyum, P. Ws., came and saw the occurrence, but the petitioner managed to make good his escape. The deceased was taken to the police station but he succumbed to his injuries before reaching there. Abdul Qadeer Khan lodged report at 7 30 p. m. The petitioner was arrested the next day. Some seven months before the occurrence, the deceased's uncle Tufail Ahmed and others had given beating to Ghulam Sarwar, uncle of the petitioner in respect of which a criminal case was pending at the time of the occurrence. This, according to the prosecution, was the motive for the crime. 4. The evidence against the petitioner constituted the ocular testimony of Abdul Qadeer Khan (P.W. 5) maternal uncle, Hafiz Ghulam Muhammad (p. W. 6)…

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