Law:

Section:

Penal Code (XLV of 1860)- ---S. 302--Constitution of Pakistan (1973), Art. 185(3)--Evidence--Leave to appeal--None of arguments advanced by petitioner's counsel raising any question or principle of law--No infirmity, legal or otherwise, found regarding appraisal of evidence by High Court--No justification shown for re-appraisal of evidence--Petition dismissed. Nemat Khan, Senior Advocate Supreme Court and Iqbal Ahmad Qureshi, Advocate-on-Record for Petitioners. Nemo for the State. Date of hearing: 1st February, 1987. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sough from , dated 19--3-1983 of the Lahore High Court, whereby petitioners' Appeal arising out of their conviction in a murder case with sentences of life imprisonment and fine was dismissed. Bashir is the deceased in this case. His elder brother Muhammad Aslam was married to Mst. Nooran, sister of Yaqoob and Waliya petitioner: and Muhammad Ali the acquitted accused. She was maternal-aunt o1 Hayat petitioner. The relations between Aslam and Nooran were strained. Bashir was suspected by the petitioners to be responsible for the miseries of their sister. Accordingly, they first attacked Muhammad Aslam and gouged his eyes, there is no conviction for this offence, ad it appears, no evidence was led against them. This happened at one place. Thereafter, all the accused went to a field where Bashir deceased was levelling the land. They all uttered Lalkara that they had dealt with Aslam and that Bashir would not be spared. They launched an attack on him when they were variously armed: Yaqub with Kulhari, Waliya with Taqwa and Hayat and Muhammad Ali with Dangs. When Bashir fell down in injured condition he was picked up by the accused and was carried to the gate of their Dhari and then they went away. Bashir later on expired in the hospital. At the trial, ocular account of the occurrence in which Bashir was injured was furnished by Din Muhammad, father-in-law of the deceased and Nazar Muhammad. his second cousin. Evidence of recovery of blood-stained garments of Yaqub and Hayat petitioners and Muhammad Ali…

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