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(a) Constitution of Pakistan (1973)---- Art. 185(3)-Penal Code (XLV of 1860), S. 302/149-Murder ­Acquittal-Cage against acquitted respondents found to be not free from reasonable doubt-Post-mortem examination of deceased's body, showing only four, fire-arm injuries, belying contention that five persons had fired at deceased with shot-guns simultaneously from equal distance-Order of acquittal passed by High Court upheld Petition for leave to appeal dismissed. (b) Constitution of Pakistan (1973)--- ---Art. 185(3)---Penal Code (XLV of 1860), S. 302/149-Murder­Evidence-Fatal shot attributed to petitioner by eye-witnesses as well as by deceased in his dying declaration-Accused petitioner found guilty after proper appraisal of evidence by High Court-No mitigating circumstance being present accused petitioner deserves normal penalty of death-Leave to appeal refused. (c) Penal Code (XLV of 1860)--- ------S. 302--Evidence Act (I of 1872), S. 32--Murder-Dying declara­tion-Victim can, after receiving mortal injuries involving vital organs, e. g. brain, heart or abdomen, visera, speak or mention or write down name of his assailant. [Dying declaration--Evidence]. Modi's Medical Jurisprudence, p. 242 ref. Zafar Mahmood, Senior Advocate Supreme Court and Ch Akhtar Ali, Advocate-on-Record for Petitioner (in Cr. P. L. A. 39/11 of 1981). Shaukat All, Senior Advocate Supreme Court and Maqbul A. Qadri, Advocate-on-Record for Petitioner in (Cr. P. L. A. 236 of 1981). Ghulam Ahmad, Advocate Supreme Court and Advocate-General (Punjab) for Respondents. Date of bearing: 30th October, 1983. ORDER MIAN BURHANUDDIN KHAN, J.--These petitions are directed against a consolidated Order of a Division Bench of the Lahore High Court, dated 15-3-1961 passed in . Criminal Appeal 1141 of 1978 (Murder Reference No. 38 of 1979) and Criminal Revision 746 of 1980. This order will dispose of both the aforementioned Criminal Petitions for Leave to Appeal, Nos. 39/11 and 236 of 1981. 2. On 8-3-1976 at 11.30 a. m. Fateh Sher deceased lodged a report that at about 11 a. m. the same day Dost Muhammad, petitioner in Cr. P. L. A, 236 of 1981 alongwith Sultan Sherbaz, Dad and Muhammad Iqbal (respondents Nos. 1…

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