Law:

Section:

Constitution of Pakistan (1973) -- Art. 185(3) read with Penal Code (XLV of 1860), S. 302/307/34¬Murder Joint liability Principles of Leave to appeal Granted to consider, contention that in causing death of deceased, liability of petitioner sentenced to death was not greater than his co accused awarded lesser penalty. JUDGMENT MIAN BURHANUDDDIN KHAN, J. This judgment will dispose of Criminal petition for leave to appeal filed by Saifur Rahman and Jail Petitions filed by Muhammad Afzal and Muhammad Ashraf. 2. Accused/appellant Saifur Rahman was tried, alongwith Liaqat Ali alias Liaqi, Muhammad Afzal alias Khake, Muhammad Ashraf alias Koka and Faqir Hussain alias Firu under section 302/307 read with section 34, P. P. C. for the murder of Munawwar Ahmad aged about 24 years, by stabbing him with sharp edged weapons on 15 2 1975 at about 3 30 p. m. in Street No. 3, Hercharanpura No. 2, 1i miles away from Police Station Factory Area. Petitioner, and his above named co accused were also tried for murderous assault on Javed Ahmed, P. W. Saifur Rahman was convicted and sentenced to death and a fine of Rs. 5,000, or two years' R, I. in default thereof, for the murder of Munawwar Ahmad deceased, and was also sentenced to seven years R. 1. under section 307/34, P. P. C. and a fine of Rs. 2,OC0 or six months' R. 1. in default, for causing injuries to Javed Ahmad, P. W. Muhammad Afzal and Muhammad Ashraf were sentenced to life imprisonment and a fine of Rs. 5,000 or two years' R. 1. each, in default thereof under section 302/34 P. P. C. for attempt on the life of Javed Ahmad, P. W. and they (Afzal and Ashraf) too were also sentenced to seven years' R. 1. under section 307/34, P. P. C. and a fine of Rs. 2,000. or six months' R. 1. in default. Half share of the amount of fine, if realized, was ordered to be paid to the heirs of the deceased, and sentences awarded to Ashraf and Afzal under section 307/34 and 302/34, P. P. C. excepting in default of payment of fine shall run concurrently, vide judgment of the learned Additional Sessions Judge, Faisalabad dated 10 6 1978. Liaqat and Faqir were acquitted. Appeals filed by the convicts were dismissed by the High Court and death…

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