Law:

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Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 302--Petition for leave to appeal--High Court not relying on some witnesses with respect to co-accused while it believed them with regard to part played by accused on reasoning which were not very convincing--Contention raised by accused about such treatment requiring further examination--Leave to appeal granted. ORDER ASLAM RIAZ HUSSAIN, J.--This order will dispose of Criminal Petition No. 418 of 1981 filed by Ghulam Nabi against his conviction and sentence, and Criminal Petition No. 23 of 1982 filed by Fazal Din against the acquittal of Rashid and Ghulam Farid respondents. It may be mentioned that Criminal Petition No. 23 of 1982 is barred by time by 61 days. 3. Facts giving rise to the petitions are that Ghulam Nabi petitioner in Criminal Petition No. 418 of 1981, was tried alongwith Rashid and Ghulam Farid (respondents in Criminal Petition No. 23 of 1982) as well as Yaqoob and Iqbal (acquitted co-accused) for. the murder of Asghar Ali and for causing injuries to Muhammad Sharif (P.W. 14) and Sadiq (P.W. 15). 4. Motive for the offence is that two or three days before the occurrence, deceased Asghar Ali and Elahi Bakhsh father of accused Ghulam Nabi had quarrelled with each other in the course of which the deceased had beaten Elahi Bakhsh. In order to take revenge of that beating the deceased was put to death by the accused. 5. The prosecution case briefly is that on 28-7-1975 at Zoharwala Fazal Din P.W. his son Asghar Ali deceased and nephews Muhammad Sharif as well as Muhammad Sadiq had gone to attend the Mela of Baba Bholey Shah in the area of Chak No. 70/E.B., Tehsil Pakpattan, District .Sahiwal. Fazal Din P.W. was met by Muhammad Shafi and Muhammad Rafiq P.Ws. who told him that they had heard accused Yaqoob conspiring with Ghulam Nabi and others to the effect that the deceased had come to see the Mela and, therefore, it was a good opportunity for them to take the revenge for the beating given to the father of accused Ghulam Nabi. Upon this information Fazal Din P.W. left for his Chak No. 66/E.B. along with the deceased and his two nephews Muhammad Sharif and Muhammad Sadiq…

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