Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 185(3) Penal Code (XLV of 1860), S. 302 Leave to appeal granted to accused/petitioner to consider sentence awarded to accused where evidence on record shows that there was some lurking suspicion in mind of accused petitioner regarding conduct of deceased and accused's wife where another man also figured in that context. (b) Constitution of Pakistan (1973) ---Art. 185(3) Penal Code (XLV of 1860), S. 302 Leave to appeal granted to consider contentions of accused/petitioners that : (1) from nature of injuries it appeared that these were just pricks caused in order to torture deceased under fear of death ; (2) injuries would show that same could not have been inflicted by one person alone; (3) discrepancy in statement of person (wife of accused) lodging F. I. R. about first person reaching place of occurrence ; (4) deceased was murdered by another person in connivance with accused's wife who had connection with accused's wife and who wanted to marry her after getting divorce from accused. ORDER MIAN BURHANUDDIN KHAN, J. Through this petition leave is sought to appeal against the judgment and order of the Lahore High Court, Bahawalpur Bench, dated 13 12 1981 passed in Criminal Appeal No. 59/1980/BWP and Murder Reference 13/1980/BWP. 2. The accused /petitioner was tried by the learned Sessions Judge, Bahawalpur under section 302, P. P. C. for committing the murder of Mst. Inayat Bibi his mother in law on 6 9 1979 at about 9 30 a. m. in the area of Chak No. 86/Fateh Tehsil Hasilpur, District Bahawalpur, by inflicting numerous injuries on her person with a Chhuri. 3. According to the prosecution Mst. Jannat Bibi; P. W. 7 wife of the accused /petitioner and daughter of deceased Mst. Inayat Bibi was divorced by her first husband about 3 1/2 years prior to the occurrence. After the divorce, she came to the house of her mother Mst. Inayat Bibi deceased is Gharib Mohallah, Hasilpur. After sonic time she was given in marriage to Irshad Ahmad accused/petitioner about 1J years ago on the condition, that he will remain as Khana Damad in the house of the deceased. The accused/petitioner remained in the house of Mst. Inayat Bihi deceased…

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