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Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 302--Petition for leave to appeal--Statement of eye-witnesses consistent, uniform and worthy of reliance--Presence 3f such witnesses at spot considered not only justified but truthful and their testimony stood corroborated by medical evidence and further supported by recovery of blood-stained shirt and blood-stained Chhuri--High Court while maintaining conviction of accused commuting penalty of death to imprisonment for life as according to them immediate cause of occurrence remained shrouded -in mystery-­Appraisal of evidence on which conviction of accused by Courts below rested not open to any exception--Leave to appeal refused. ORDER NASIM HASAN SHAH, J.--This petition for leave to appeal, through Jail, is out of limitation by 65 days but the delay is condoned to enable examination of the case on merits, in view of the sentence of imprisonment for life recorded against the petitioner, Wahid Bux, for having committed the murder of his maternal-uncle, Isa. This murder was committed on the bank of a Khala at Chah Dhingana, Mauza Thatha Chabolan, Tehsil and District Dera Ghazi Khan on 21-2-1980 at about 8-00 a.m., when the petitioner was also accompanied by his younger brother Sadiq, who was his co-accused but was acquitted by extending the benefit of doubt to him by the learned trial Judge. The petitioner, Wahid Bux, has questioned his conviction under section 302, P.P.C. for which he was awarded a maximum penalty of death by the learned Additional Sessions Judge, Dera Ghazi Khan vide judgment, dated 30-5-1981, but which, on appeal and reference, was commuted to imprisonment for life by the learned Judges of the Lahore High Court, Multan Bench, Multan vide judgment, dated 2-6-1984, whereby the petitioner in addition to the fine of Rs.2,000 was also directed to pay a sum of Rs.5,000 as compensation under section 544-A, Cr.P.C. while the benefit under section 382-B of Cr.P.C. was also allowed to him. The first information report in this case was lodged by Mitha, who is brother of the deceased and maternal-uncle as well as father-in-law of the convict-petitioner. The details of the…

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