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1987 SCMR 673 Present: Muhammad Afzal Zullah, Mian Burhanuddin khan and Saad Saood Jan, JJ MUHAMMAD RAFIQ-Petitioner Vs IRFAN and others--Respondents Criminal Petition for Special Leave to Appeals Nos. 186 and 200 of 1981, decided on 4th February, 1987. (From the of the Lahore High Court, Lahore, dated 1-3-1981 in Criminal Appeal No. 602 of 1978 (M.R. No. 169 of 1978) and Cr. Revision No. 921 of 1978). (a) Constitution of Pakistan (1973)-- ---Art. 185(3)-.Penal Code (XLV of 1860), Ss. 302 a 429--Petition against conviction and sentence of imprisonment for life-Prosecution based on ocular account given by three eye-witnesses which stood corroborated by unexplained abscondence of petitioner for a long period--Eye-witness though distantly related to deceased, had no motive to falsely implicate petitioner--Case against petitioner being fully established, Supreme Court declined to interfere and refused leave to appeal. (b) Constitution of Pakistan (1973) ---Art. 185(3)--Penal Code (XLV of 1860), Ss. 302 & 429--Respondent convicted and sentenced to death by Trial Court- High Court acquitted co-accused and altered respondent's sentence to imprisonment for life-­Petition for enhancement of sentence--Co-accused elder brother of respondent who had participated in occurrence having been acquitted, held, it was not proper to grant leave to appeal for enhancement of sentence of respondent who was under influence of his elder brother at the time of occurrence--Petition dismissed. Shaukat Ali, Senior Advocate Supreme Court and Muhammad Aslam Chaudhary, Advocate-on-Record for Petitioner (in Cr.P. No. 186 of 1981). Sadiq Hayat Lodhi, Advocate Supreme Court for the State (in Cr.P: No. 186 of 1981). Nemo for Respondents (in Cr.P. No. 186 of 1981). M.B. Zaman, Senior Advocate Supreme Court and S. Ijaz Ali, Advocate for Petitioner (Criminal Petition No. 200 of 1981). Nemo for Respondent (in Criminal Petition No. 200 of 1981). Date of hearing: 4th February, 1987. ORDER MUHAMMAD AFZAL ZULLAH, J.-- Leave to appeal has been sought in these two petitions from dated 1-3-1981 of the Lahore High Court; whereby in a murder case, on appeal and reference, the conviction of Irfan…

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