Law:

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Constitution of Pakistan (1973)-----Art. 185 (3)--Penal Code (XLV of 1860), S. 302/149--Leave to appeal granted to re-appraise evidence for considering whether defence version was possible and reasons given by High Court for rejecting same were correct. ORDER ASLAM RIAZ HUSSAIN, J.--Allah Yar petitioner was tried along with some others, i.e. his two brothers Ghulam Farid and Najabat and his relatives, namely, Muhammad Sher, Riaz Hussain alias Nawaza, Inayat and Haider, inter alia, for an offence under sections 302/149, P.P.C. by Additional Sessions Judge, Faisalabad. By his judgment, dated 12-5-1978, the trial Judge acquitted 6 co-accused but convicted Allah Yar petitioner under section 302, P . P. C . and sentenced him to death. Allah Yar filed appeal before the High Court against his conviction. The complainant also filed a Revision against acquittal of the co-accused. The High Court dismissed the Revision as well as the appeal, maintained the conviction and confirmed the death sentence of Allah Yar, petitioner. 2. The occurrence in question took place at about 6-30 a.m. on 18-10-1975, in a village in Tehsil Jaranwala. Shahmand P.W.6, a cousin of the deceased lodged an F.I.R. about the incident at 6-45 a.m. The version as given by him in the F.I.R. is, briefly, that early in the morning he (Shahmand P.W.6) was going to Rana Muhammad Ashraf in Chak No.193/R-B in the company of Mohabat (deceased). Hidayat P.W.9, Sadiq P.W.10, Zulfiquar, Noor Muhammad, Saeed and Sardar (given up P.Ws.). The Dera of Allah Yar, accused-petitioner fell in the way. When they reached near his Dera, the abovementioned accused including Allah Yar petitioner, who were sitting behind some thick Sarkanda bushes, suddenly emerged there from behind. Allah Yar petitioner was armed with a .12 bore gun, while one of the remaining (acquitted) accused Najabat, was armed with a rifle, Nawaz, Inayat, and Haider with guns, and Farid and Bashir with Dangs. They shouted that they would teach them (the members of the complainant party) a lesson for involving them in a false case about the abduction and murder of Mian Khan, and started firing at them. The complainant party also started firing in…

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