Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 302/307--Petition for leave to appeal--Contention of accused that two persons had received injuries in same occurrence i.e. one of them had eight fire-arm injuries while other had one gunshot injury but in first information report they were not so mentioned--Investigating Officer admitting that in a cross-case for injuries to these two persons, recoveries were made and concerned persons were arrested but during trial they were acquitted-­Petitioner further stated that High Court had not attached much importance to this circumstance on assumption that injuries on these two persons were insignificant and might have been self-suffered-­Accused analysing injuries and trying to show that by no, stretch of reasoning these injuries would have been self-suffered--Question, inter alia, requiring examination, leave to appeal granted. (b) Constitution of Pakistan (1973)-----Art. 185(3)--Criminal Procedure Code (V of 1898), S.417--Penal Code (XLV of 1860), S. 302/307--Petition for leave to appeal--Acquittal of co-accused on charge of murder--Appeal against--Since entire evidence would be open to reappraisal concerning case against main accused because of leave granted to him, question of culpability of accused other than main accused for murder might also arise--Leave to appeal " granted to complainant. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought in these two petitions from judgment, dated 24-11-1985 of the Lahore High Court; whereby in a case of murder the sentence of death awarded to Amir Khan petitioner in Criminal Petition No. 471 of 1985 was confirmed while Sardar Khan, Rab Nawaz and Faiz Ullah his co-accused were acquitted of the charge of murder, but on charge of attempt to commit murder they were let off with the sentence that they had undergone. Learned counsel for the petitioner in the said petition has not pressed the case of Sardar Khan, Rab Nawaz and Faiz Ullah. He has, however, pressed the petition for Amir Khan. On the other hand, the complainant side has moved Criminal Petition No. 477 of 1985 against Sardar Khan, Rab Nawaz and Faiz Ullah so as to bring…

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