Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Pakistan Penal Code, 1860

Section: 5.302/34

Constitution of Pakistan (1973)---Art.185(3)--Penal Code (XLV of 1860), 5.302/34--Conviction on charge of murder--Guilt satisfactorily established--Testimony of natural eye-witnesses reliable--No direct enmity with accused to falsely implicate them--Petitioners already having been dealt with leniently, no inter­ference warranted--Petition dismissed. ORDER NASIM HASAN SHAH, J.-- This petition for leave to appeal, through Jail, is barred by 5 days but the delay in condoned, in view of the sentence of imprisonment for life recorded against the petitioners to enable examination of the case on merits. The petitioners stand convicted on the charge of murder, which took place on 5-11-1977 at 7-00 a.m. in Chak Sanatta, Tehsil Ferozewala, District Sheikhupura, 8 miles away from Police Station Muridke. Umar Farooq Bhatti (P. W. 15), S.H.0., Police Station Muridke, learnt about the said murder when he was busy investigating some other case near the place of the present occurrence. He reached the spot and recorded, the statement of Mst. Manzooran (P.W. 10), unmarried sister of the deceased (Hidayat) at 9-00 a.m., which constituted the F.I.R. The details of the occurrence as given in the F.I.R. (Exh.P.C./1), are that on the fateful day, the deceased, Hidayat (who is a Hajam by profession) came out of his Haveli and started shaving Muhammad Sadiq (P.W. 11). Mst. Manzooran (P.W. 10) was standing in the door of the Haveli of the deceased at that time. Suddenly, the two petitioners, Muhammad alias Muhammad Ali and Rafique, both real brothers (armed with hatchets), alongwith co-accused, Hayat, their father (empty handed) and Siddique, yet another brother (also empty handed) came over there. Hayat raised Lalkara that Hidayat should not escape whereupon Siddique grasped Hidayat in his arms while the two petitioners started administering hatchet blows on his head and face. Hidayat fell down on the ground in an injured condition. Mst. Manzooran (P.W. 10) raised alarm which attracted Nazar (P.W. 12) and Asadullah (since dead) to the spot. The accused then fled away and Hidayat succumbed to the injuries on the spot. The motive ascribed by the prosecution but rejected by the learned…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492