Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Pakistan Penal Code, 1860

Section: 302/149

constitution of Pakistan (1973)---Art.185 (3)--Penal Code (XLV of 1860), Ss.302/149--Sentence-­Contention that sentence of imprisonment awarded to petitioners was excessive and may be reduced--Supreme Court, having not been persuaded to do so, being of view that in circumstances of case accused had already been dealt with leniently--Refused to grant leave. Raja Muhammad Anwar, Advodate Supreme Court with Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioners. Mian Nusratullah, Advocate Supreme Court with Sh. Ejaz Ali, Advocate-on-Record for the State. ORDER ASLAM RIAZ HUSSAIN, ACTG. C.J.-- Ahmad and Zulfiqar peti­tioners have filed the present petition against their conviction and sentences.. They were tried alongwith 12 others inter alia, for the double murder of (1) Wali and (2) Hamid Khan. 2. That occurrence is stated to have taken place at 12 noon on 12-8-1976 in Village Hassan Khan, P.S. Hassan, District Jhang. The report was lodged by Muhammad Siddiq P.W.8 (brother of the deceased) at 5 p.m. on the same evening which was recorded by Muhammad S. I. (P.W.16). 3. The motive for the occurrence is stated to be a dispute for the possession of land from which a date tree was alleged to have been cut by the accused party. The complainant party; which claimed the piece of land treated the aforesaid tree as their own, is said to have enraged over this act on the part of the accused party and therefore attacked them. All the 12 accused were tried by the learned Additional…

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