Law:

Section:

(a) Penal Code (XLV of 1860)--- S. 302 Murder Deceased alleged to have been shot somewhere away from village in field during night without being noticed by any one and involved merely on suspicion Arguments in support of such contention based on insignificant points Mere fact of no mark or pellet marks having been found on ground or on adjoining well do not show place of occurrence being not one as shown in site plan from where blood stained earth taken into possession Evidence indicating when occurrence took place and such fact not inconsistent with what Witnesses deposed at trial Opinion of doctor regarding deceased's stomach being empty supporting witness that evening meal had not till then been taken by deceased Female witness as well as com¬plainant having no motive to falsely implicate accused nor could they be said to have been under any suspicion Lower Courts having taken enough care in appreciation of evidence and excluded certain pieces of evidence by way of abundant caution, remaining evidence, held, enough to render a finding of guilt against petitioner. (b) Penal Code (XLV of 1860) -- ---S. 302 Murder Sentence-Mitigating circumstances Certain features in prosecution evidence as also observations in of High Court indicating petitioner might have shot deceased in heat of moment after exchange of abuses between parties Leave to appeal granted to examine question of sentence Constitution of Pakistan (1973), Art. 185 (3). ORDER MUHAMMAD AFZAL ZULLAH, J. Leave to appeal has been sought from judgment dated 25 5 1982 of the Lahore High Court, whereby in a murder case the conviction and sentence of death under section 302, P. P. C., awarded to the petitioner was upheld and his appeal was dismissed. According to the prosecution, there was a land dispute between Fazal Hussain deceased on the one side and the petitioner as also his co accused Muhammad Yasin and Mirza Khan (petitioner's brother and father respectively) who have since been acquitted. Nazra Khan (P. W. 6) father in law of deceased had arranged a Panchayat through Karam Khan and Muhammad Sadiq (given up P. Ws.) to settle the dispute. They visited the disputed spot on 26 6 1975 at about degarwela…

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