Law: Pakistan Penal Code, 1860

Section: 302/34,304(1)/34

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)---Ss. 302/34 & 304(1)/34--Accused during their statement under S.342, Cr.P.C. admitting having murdered deceased as they had seen him in compromising position with their sister in their house--Accused thus had motive to kill deceased--Plea of accused that deceased was killed by them when he was found in compromising position, held, was not only substantiated by fact that he was killed in their house but also by presence of a very large number (42) injuries on person of deceased which showed that these had been inflicted by assailants .in a fit of violent rage--Alteration of conviction of accused from S.302/34, P.P.C. to S.304(1)/34,P.P.C. and reduction in sentence was, therefore justified in circumstances. (b) Constitution of Pakistan (1973)-- ---Art. 185(3)--Penal Code (XLV of 1860), Ss. 302/34 & 304(11/34-­Acquittal of accused--Leave to appeal against acquittal--Contentions (i) that eye-witnesses deposing against convicted accused also deposed against acquitted accused and same evidence had been believed qua convicted accused it should also be believed with regard to acquitted accused, (ii) that weapons recovered from acquitted accused also found to be stained with human blood and (iii) that number of injuries found on person if deceased were commensurate with four accused--Though some witnesses had deposed against all accused but only convicted accused had motive to kill deceased and occurrence took place .in house of convicted accursed--Convicted accused had themselves confessed that they alone had killed deceased and acquitted accused had nothing to do with murder--Statement of convicted accused regarding whole occurrence substantiated by facts and circumstances of case--Acquittal of accused, held, was justified in circumstances--Leave to appeal refused. ORDER ASLAM RIAZ HUSSAIN, J.-- Fazal Ahmad complainant seeks leave to appeal against the judgment of the High Court, dated 19-3-1980, acquitting Munir Ahmad and Nasir Ahmad, respondents 3 and 4, respec­tively, and altering the conviction of Muhammad Javed and Sabir Hussain, respondents 1 and 2, respectively, from sections 302/34, P.P.C. to 304-1/34, P.P.C. and reducing…

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