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1987 SCMR 724 Present: Muhammad Afzal Zullah, Mian Burhanuddin Khan and Saad Saood Jan, JJ SIKANDAR HAYAT--Petitioner Vs ZAFAR ALI and 2 others-- Respondents Criminal Petitions for Leave to Appeal Nos. 59 and 73 of 1981, decided on 1st February, 1987. (On appeal from the and orders of the Lahore High Court both dated 3-12-1980 passed in Criminal Appeal No. 893 and Revision No. 928 of 1976). Constitution of Pakistan (1973)-- ---Art. 185(3)--Penal Code (XLV of 1860), S. 302/34--Convictions on charge of double murder and sentences of imprisonment for life, challenged--Broad day occurrence--Testimony of eye-witnesses, who were related to deceased but had no previous enmity with petitioners, found reliable--Motive of offence also available--Recoveries of crime weapons believed--Medical evidence supporting use of two types of crime weapons recovered from accused--Leave to appeal refused but benefit of S.382-B allowed. S. Munir Hussain, Advocate Supreme Court for Petitioner (in Crl. P.L.A. No. 59 of 1981). Nemo for Respondents (in Crl. P. L. A. No. 59 of 1981). Nemat Khan, Advocate Supreme Court and S.M. Latif Khosa, Advocate Supreme Court (absent) and Iqbal A. Qureshi, Advocate-on-­Record for Petitioners (in Crl. P.L.A. No. 73 of 1981). S. Munir Hussain, Advocate Supreme Court for the State (in Crl.P.L.A. No. 73 of 1981). Date of hearing: 1st February, 1987. ORDER MIAN BURHANUDDIN KHAN, J.--Petitioner Sikandar Hayat, by Cr.P.S.L.A. No. 59 of 1981, seeks leave to appeal against the and order of the Lahore High Court, dated 3-12-1980 whereby the learned High Court Judge refused to enhance the sentence passed against the respondents Zafar Ali and Siddiq Ali from life imprisonment to death under section 302 read with section 34, P. P. C. ; while petitioners Zafar Ali and Siddiq Ali by Cr.P.L.A. No. 73 of 1981, seek leave to appeal against the same impugned of the learned High Court, dated 3-12-1980 dismissing their Criminal Appeal No. 893 of 1976 and confirming the sentence of life imprisonment plus fine, awarded to them by the learned Sessions Judge, Multan vide his , dated 18-6-1976 for committing the murders of Sultan Khan and Umar Hayat deceased. 2. Zafar Ali and…

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