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1987 SCMR 636 Present: Nasim Hasan shah, Ali Hussain Qazilbash and Saad Saood Jan, JJ BULAND KHAN and 3 others--Petitioners Vs THE STATE--Respondent Criminal Petitions Nos.57-R and 85-R of 1985, decided on 21st January 1987. (From the dated 4-5-1985 of the Lahore High Court, Rawalpindi Bench, passed in Criminal Appeals Nos.202 and 182 of 1981 and Murder Reference No.210 of 1981). (a) Constitution of Pakistan (1973)- ---Art. 185(3)--Penal Code (XLV of 1860), Ss. 302, 323 a 324--Petition against conviction--Ocular testimony belied by medical evidence--Material contradiction found in prosecution case- -Co-accused acquitted--Leave to appeal granted for re=appraisal of evidence. (b) Constitution of Pakistan (1973) ---Art. 185(3)--Penal Code (XLV of 1860), S. 302/34--Petition against acquittal/ reduction in sentence--Re-appraisal of evidence--Since leave to appeal was granted against conviction for re-appraisal of evidence, leave granted to complainant as well--Bailable warrants issued against acquitted accused.--[Evidence]. Malik Muhammad Jafar, Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate-on-Record for Petitioner (in Crl. Petition No. 57-R of 1985). M. Nawaz Abbasi A.A.-G Punjab and Rao. M. Yousaf, Advocate­-on-Record for Respondent (in Criminal Petition No.57-R of 1985. Malik Rab Nawaz Noon, Advocate Supreme Court and Ch. Akhtar Ali Advocate-on-Record (absent) for Petitioner (in Criminal Petition No. 85-R of 1985). M.Nawaz Abbasi A.A.-G. Punjab and Rao M. Yousaf, Advocate-­on Record for the State (in Criminal Petition No.85-R of 1985). Malik Muhammad Jaffar, Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate-on-Record for Respondent No.2, (in Criminal Petition No.85-R of 1985). Sardar M.Ishaq, Advocate Supreme Court for Respondent No.3. (in Criminal Petition No.85-R of 1985) Date of hearing: 21st January 1987. ORDER ALI HUSSAIN QAZILBASH, J.--Buland Khan petitioner seeks leave to appeal from the order and of the Lahore High Court, Rawalpindi Bench, dated 4-5-1985, whereby his conviction under section 302, P.P.C. was maintained but the sentence altered from death to imprisonment for life. His sentence of fine was, however, maintained.…

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