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1987 SCMR 667 Present: Muhammad Afzal Zullah, Mian Burhanuddin Khan and Saad Saood Jan, JJ AHMAD--Petitioner Vs THE STATE--Respondent Criminal Petition for Special Leave to Appeals Nos. 163 and 155 of 1981, decided on 1st February, 1987. (On appeal from the of the Lahore High Court, Lahore, dated 8th February, 1981 in Criminal Appeal No. 953 of 1978) (a) Constitution of Pakistan (1973)-- ---Art. 185(3)--Penal Code (XLV of 1860), S. 302/34--Petition against acquittal and for enhancement of sentence--Acquittal of co-accused challenged--Background of previous enmity--Testimony of interested witnesses lacking independent corroboration--No recoveries--Acquittal of co-accused upheld--Considering background of case, Supreme Court refused to interfere with discretion of High Court in not confirming sentence of death awarded to main accused. (b) Constitution of Pakistan (1973)-- ---Art. 185(3)--Penal Code (XLV of 1860), S. 302--Petition against conviction--Recovery of crime weapon stained with human blood--Plea raised that recovery witnesses being inimical and interested whose evidence was not believed against co-accused, should not have been relied upon--Since recovery was also witnessed by Investigating Officer who conducted investigation honestly, his evidence could not be rejected--Offence having been established against petitioner, conviction upheld and considering background of case, Supreme Court refused to interfere with discretion of High Court in not confirming sentence of death--Leave to appeal refused. M.B. Zaman, Advocate Supreme Court instructed by Sh Ijaz Ali, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing: 1st February, 1987 JUDGMENT SAAD SAOOD JAN, J.-- These are two petitions for special leave to appeal. They arise in the following circumstances. Ahmad, petitioner in Cr1.P.S.L.A. No. 163, was tried by the Additional Sessions Judge at Sargodha alongwith four others, namely, Mehmoora, Baksha, Afzal and Yousaf, for causing the death of Shera deceased. The learned Additional Sessions Judge acquitted Baksha, Afzal and Yousaf but convicted the petitioner and Mehmoora of an offence under section 302, read with section 34 of the…

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