Law:

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Constitution of Pakistan (1973)--Art. 185(3)--Penal Code (XLV of 1860), Ss. 307, 302 & S.148/149, Cr.P.C.--Accused alongwith four co-accused charged with murder and causing injuries--Previous enmity between parties and interested nature of testimony of prosecution witnesses warranting corroboration established--Conviction of accused and acquittal of co-accused challenged--Ocular testimony of eye-witnesses found in conflict with medical evidence--Recovery witnesses of crime weapon/empties being interested and related to complainant party, genuineness of recoveries assailed--Reappraisal of evidence being necessary in circumstances of case for safe administration of justice, leave to appeal granted--Bailable warrants issued against acquitted accused. ORDER S.A.NUSRAT, J.--This order will dispose of Criminal Petitions for leave to Appeal No.280 of 1980 and 283 of 1980 which are directed against the common judgment of the Lahore High Court dated 9-4-1980. 2. The petitioner was tried by the learned Sessions Judge, Sargodha alongwith four other co-accused namely, Muhammad Arif, Gut Anwar, Ghulam Fareed and Fayyaz Tariq for the murder of one Ali Ahmed and causing injuries to Fazal Ali (P.W.) under section 302 read with section 148/149, Cr .P.C. and section 307 of the Pakistan Penal Code. Learned trial Court by its judgment dated 24-5-1978, acquitted Gut Anwar and Fayyaz Tariq whereas the petitioners, Muhammad Arif and Ghulam Fareed were convicted under section 302 of the Pakistan Penal Code read with section 34, P.P.C. and sentenced to death and to pay fine of Rs.5,000 each as compensation to the heirs of the deceased or in default of payment thereof to undergo rigorous imprisonment for six months in case sentence of death was not confirmed. The petitioner and Muhammad Arif preferred Criminal Appeal No.595 of 1978 while Ghulam Fareed filed Criminal Appeal No.557 of 1978. Muhammad Bashir, uncle of the deceased moved a revision petition (Criminal Revision No.823 of 1978) against the acquittal of Gut Anwar and Fayyaz Tariq. The said appeals, murder reference and the revision petition were heard together and disposed of by the High Court as per impugned judgment dated…

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