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Constitution at Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 302/307/34--Re-appraisal of evidence--Findings of fact recorded by High Court not open to interference--Petitioners tried for offences under S. 302/307/34, P.P.C.--Prosecution version supported by eye-witnesses, medical evidence and recovery of crime weapons--Convictions and sentences upheld in appeal--Plea for re-appraisal of evidence on record and reversal of findings of fact, not entertained, impugned and findings of fact recorded by High Court did not warrant interference-­Petitions dismissed. ORDER ASLAM RIAZ HUSSAIN, J.--This order will dispose of Criminal Petition for Leave to Appeal No. 5 of 1983 filed by Bashir Ahmad alias Kook and Jail Petition No.87-R of 1983 filed by Fazal-ur-Rehman. The aforementioned two petitioners were tried alongwith two others namely Muhammad Sharif and Abdul Hamid for the murder of Irshad Khan and making murderous assault on the lives of Muhammad Rafiq (P.W.8) and Bashir Ahmad (not produced). The last mentioned two persons had received fire-arm injuries during the incident. 2.Motive of the occurrence is stated to be an attempt by the accused person to take forcible possession of a piece of land. 3. Abdul Hamid co-accused was acquitted by the trial Court while Muhammad Sharif co-accused was acquitted by the High Court. As for the remaining two persons who are. petitioners in the present petitions before us, Bashir Ahmad was sentenced to death and a fine of Rs.5,000 (6 months' further R.I. in case of default of payment of fine) under section 302, P.P.C. and 10 years' R.I. under section 307/34, P.P.C. and Fazalur Rehman was sentenced to imprisonment for life and a fine of Rs.5,000 (6 months' R.I. in default of payment of fine). Their appeal before the High Court was dismissed and the death sentence of Bashir Ahmad petitioner was confirmed. Not feeling satisfied Bashir Ahmad has filed Criminal Petition No. 5 of…

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