Law:

Section:

(a) Penal Code (XLV of 1860)-- ---S. 302--Constitution of Pakistan (1973), Art. 185(3)--Petition against conviction--Pleas raised that it was an unwitnessed occurrence and eye version account furnished by interested witnesses was not corroborated by independent evidence--Leave to appeal granted to consider whether occurrence was witnessed by prosecution witnesses or not. (b) Penal Code (XLV of 1860)-- ---S.302--Presence of eye-witnesses closely related to deceased at place of occurrence found quite natural, their evidence found consistent, confidence inspiring and fully corroborated by medical evidence-Plea that evidence of eye-witnesses not having been accepted qua acquitted accused, should not have been believed against appellant, repelled--Case of appellant distinguished from acquitted accused for valid reasons-­Appeal being devoid of merits dismissed but benefit of S.382-B, Cr.P.C allowed JUDGMENT ALI HUSSAIN QAZILBASH, J.--This appeal has arisen from the of the Lahore High Court, dated 18-9-1978, whereby the conviction and sentence of Muhammad Siddique was maintained 2. The brief facts are that on 30-11-1972 at 7-30 a.m. Jalal complainant alongwith his son Meharban and his son-in-law Muhammad Ghafoor P.W. were engaged in making preparation for sowing wheat in their fields situate at a place called Hillan within the area of Kahuta Police Station, District Rawalpindi, when they were surprised by Muhammad Siddique who was armed with a pistol, his brother Muhammad Rashid armed with a gun and their brother-in-law Muhammad Saleem having a hatchet from behind the bushes raising Lalkaras and simultaneously Muhammad Rashid and Muhammad Siddique fired shots at Jalal and his son, as a result of which the shot fired by Muhammad Siddique landed on the head of his son and the shot fired by Muhammad Rashid proved abortive. Naib-Subedar Talib Hussain who was present raised hue and, cry, as a result of which the accused party made their escape good. The deceased was taken to the hospital where he succumbed to his injuries. The occurrence was also witnessed by Subedar Talib Hussain. The motive for the occurrence was that the accused party was trying to get forcible…

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