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1987 SCMR 620 Present: Nasim Hasan Shah, Ali Hussain Qazilbash and Saad Saood Jan, JJ AHMAD and another-Appellants Vs THE STATE and another--Respondents Criminal Appeal No. 131 of 1979, decided on 18th January,1987. (On appeal from the , dated 29-7-1979 of the Lahore High Court in Criminal Appeal No. 1110 of 1978) Penal Code (XLV of 1860)-- ---S. 302/34--Appeal against conviction--Prosecution case resting on evidence of two eye-witnesses--One declared hostile and presence of other found doubtful--There being no reliable evidence to support conviction, appeal accepted and appellants acquitted of charge against them. Sardar Ataullah, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record (absent) for Appellants. Imtiaz Muhammad Khan, Advocate-on-Record and Rao Muhammad Yousaf, Advocate-on-Record for Respondent No. 1. Shah Ahmad Baluch, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for the Complainant. Date of hearing: 18th January, 1987. JUDGMENT SAAD SAOOD JAN, J.--The appellants, Ahmad and Nasir, in this appeal by special leave were convicted by the Additional Sessions Judge at Faisalabad of an offence under section 302, read with section 34, of the Pakistan Penal Code for causing the death of one Kamir and were sentenced to suffer imprisonment for life and fines of Rs.5,000 each. Their conviction and sentences were upheld by the High Court. Together with them Jaffar, brother of Ahmad appellant, was also tried on the same charge but he was acquitted by the learned Additional Sessions Judge. 2. Briefly stated the case of the prosecution was that on the night of 8-5-1976 the deceased, Zulfiqar Ali, Amir (P.W.9) and Yousuf (P.W.10), were sleeping at the Dheri of one Ilyas in Chak 357/G.B. of Tehsil Jaranwala where they had gone to help Ilyas in thrashing wheat. At about 9-00 p.m. the two appellants with Jaffar came there. The appellants were armed with guns. They fired at the deceased and killed him. The motive for the occurrence was described to be a dispute over property which the deceased had got mutated in his favour to the exclusion of his sisters and paternal-uncle. After the occurrence Zulfiqar Ali went to the Police Station Jaranwala…

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