Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860, Ss. 302, 307 & 148--Leave to appeal--Reappraisal of evidence--Convictions and sentences under Ss. 302, 307 & 148, P.P.C.--High Court being of opinion that case was covered by Exception 4 to S. 300, P.P.C., altered convictions to S. 304, Part-I, reduced sentences and acquitted some of accused persons--Petitions for leave to appeal both against orders of conviction and acquittal--Supreme Court, on examination of reasons given by High Court, taking view that evidence required re-appraisal--Leave to appeal granted in both petitions- -Bailable warrants of arrest against those already acquitted were ordered to be issued. Criminal Petition No. 7-R of 1985 Aftab Farrukh, Senior Advocate Supreme Court and Sh. Masood Akhtar, Advocate-on-Record (absent) for Petitioners. M. Yousaf Khan, Advocate-on-Record for A.-G., Punjab for the State. Criminal Petition No. 97-R of 1985 Khawaja Sultan Ahmad, Senior Advocate Supreme Court with Rana Maqbool Ahmad Qadri, Advocate-on-Record (absent) for Petitioners. M. Yousaf Khan, Advocate-on-Record, for A.-G., Punjab for the State. ORDER MUHAMMAD HALEEM, C.J.--This order will dispose of criminal petitions for leave to appeal Nos. 7-R and 97-R of 1985. The former impugns the conviction of the petitioners Muhammad Aslam and Amir Sultan son of Dhuman Khan while the latter is directed against the acquittal of Amir Sultan son of Muhammad Zaman and seven others as well as the convicted petitioner namely, Muhammad Aslam son of Fazal Elahi and Amir Sultan son of Dhuman Khan on the charge of murder. All of them were tried for the murder of Khan Muhammad deceased and for attempted murders of Manzoor Hussain, Muhammad Yasin, Ghulam Haider and Muhammad Ramzan by causing blunt weapon and fire-arm injuries. The trial Court convicted Muhammad Aslam and Amir Sultan on the substantive charge of murder and sentenced the former to death while the latter to imprisonment for life. Having so convicted them, the trial Court also held them to be guilty under section 148, P.P.C. for rioting and each one of them was sentenced on this count to one years rigorous imprisonment. Again…

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