Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 302--Leave to Appeal--­Grant of conviction on charge of murder--Defence plea not receiving proper attention--Re-examination of case by Supreme Court--All accused four brothers--Whole family incarcerated--One brother of accused murdered during pendency of appeal--Motive of offence with complainant party who went twice to house of accused to lodge protest and also opened assault on first occasion--Defence plea that complainant party was aggressor not given due attention by Courts below--Just balance not maintained and petitioners did not receive proper justice--Leave to appeal granted for further examination of case. (b) Constitution of Pakistan (1973)-----Art. 185(3)--Limitation Act (IX of 1908), S. 5--Limitation--Condonation of delay--Convictions under Ss. 302 & 307, P.P.C. and sentence of life imprisonment--Jail petition for leave to appeal barred by 125 days--Delay condoned in view of long sentence.--[Sentence]. JUDGMENT NASIM HASAN SHAH, J.--The petitioners, Muhammad Dawood, Muhammad Younas. Ghulam Muhammad (armed with Sotas) and Muhammad Hussain armed with Gandhala), besides their co-accused brother, Ghulam Ali (who was murdered on 6-5-1984 and whose appeal before the High Court abated as such), were convicted for the murder of their co-villager, Muhammad Shafi and for causing injuries to the eye­witnesses, Abdul Ghani and Liaqat Ali and were inter alia sentenced to life imprisonment by the learned Additional Sessions Judge, Multan. Their appeal to the High Court having proved unavailing, they have moved this petition for leave (through Jail). This petition is barred by 125 days but in view of the long sentence recorded against the petitioners, I am inclined to condone the delay and to dispose of the petition on merits. The occurrence is stated to have taken place on 4-8-1975 after Isha prayer time in the area of Mauza Bottewala, Tehsil and District Multan, about 4 miles away from Police Station Makhdoom Rashid, where the F.I.R. (Exh. P.A.) was lodged by the injured eye-witness, Abdul Ghani (complainant). The details of the occurrence as given in the F I R (Exh. P.A.) are…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492