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Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 302--Cattle Trespass Act (I of 1871), S. 24--Appeal against acquittal/ reduction in sentence-­Findings of High Court on re-appraisal of evidence being in accord with well-settled principles, not open to interference--Petition for leave to appeal devoid of merit and dismissed. Muhammad Ali Shaikh, Advocate Supreme Court assisted by Faizanul Haq, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 10th November, 1981. ORDER ABDUL KADIR SHAIKH, J.--This petition arises out of F.I.R. lodged by petitioner with Mirwah Police Station, District Khairpur on 12-5-1977 about the murder of his nephew Gul Sher. According to petitioner, he and Gul Sher were cultivating their land on the day of incident when a flock of sheep entered their sugarcane cultivation and started damaging the crop„ They collected the sheep for taking the animals to the cattle pond, but in the meanwhile Ali Dino and Lal Dino came and called upon them to leave the sheep. On their refusal, Ali Dino gave Lathi blows to petitioner and Lai Dino attacked Gul Sher with his hatchet. By this time, however, P.Ws. Ghulam Muhammad, Sodho and Nazul came running and intervened, where after the assailants left for their village with the sheep. Gul Sher injured was taken to the hospital for treatment, but he died on the following morning. Petitioner who was also injured in the incident went to lodge report of the crime at the Police Station soon thereafter. At the trial, the prosecution case was sought to be supported by the ocular testimony of petitioner and the eye-witnesses Ghulam Muhammad, Sodho and Nazul. P.Ws. Hussain flux and Gul Bahar who were informed of the incident soon after the occurrence took place were also produced as witnesses in corroboration of the ocular testimony. The prosecution also relied on the recoveries of weapons of offence from the accused soon after their arrest. Learned Sessions Judge, Khairpur who tried the case held both tire accused guilty under section 302/307/34 and section 24 of the Cattle Trespass Act, and whereas he sentenced Ali Dino accused to imprisonment for life, he awarded…

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