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Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 302--Ocular and Circumstantial evidence relied--Plea of grave and sudden provocation disbelieved--Question raised whether version of incident stated by petitioner was reasonably possible--High Court, after full consideration Of evidence proved on record, having rejected defence plea for very Cogent and proper reasons--No justification found to interfere--Petition for leave to appeal dismissed. Muhammad Hayat Junejo, Advocate Supreme Court and Noor Ahmed Noori, Advocate-on-Record for Petitioners. Nemo for the State. Date of hearing: 5th December, 1981. ORDER ABDUL KADIR SHAIKH, J.--Petitioner and his brother Ranjho And their father Abdul Majid were tried by Additional Sessions Judge, Larkana under section 302/39 of the Pakistan Penal Code for having paused the murders of petitioner's wife, Mst. Razia, and her paramour Ali Nawaz. Learned trial Judge held the petitioner and his brother guilty, whereas he granting benefit of doubt, acquitted their father. The two convicts filed a joint appeal in Sind High Court, which was Allowed by the judgment, dated 29-8-1980 in so far as petitioner's brother was concerned and was dismissed as regards the petitioner. He now seeks leave to appeal. The murder of Ali Nawaz took place on 10-2-1976 at about 6.00 p.m. on the road near the factory of Nanak Ram in the village and was reported at Naodero Police Station, Larkana two furlongs away by Ghulam Kadir uncle of the deceased. Mst. Razia's murder took place half an hour later on the same day in petitioner's house and was reported by her father Ali Hyder at the same police station. According to first informant Ghulam Kudir, while he was returning hunt, after finishing his duties in Naodero Sugar Mills, he went 10 purchase some household articles from the shop of one Panjal. Muharam (P.W.) also came and both left the shop together for home. When they reached the factory of Nanak Ram they saw Ali Nawaz and Ali Hyder coming from the northern side, of the road, and they heard a challenge from the petitioner and his brother who were armed with hatchets. Their father Abdul Majid who was accompanying them was…

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