Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 302134--Conviction and sentence of death--Co-accused father and uncle of petitioners acquitted by trial Court having not participated in occurrence--Plea that petitioners might have killed deceased under influence of their father and uncle, repelled being merely conjectural--Incident being a preconcerted murder in cold blood, Supreme Court declined to interfere with sentence imposed--Leave to appeal refused. JUDGMENT SAAD SAOOD JAN, J.--This is a petition for special leave to appeal by Muhammad Iqbal and his brother Zulfiqar who together with their father and uncle were tried by the Sessions Judge at Vehari for an offence under section 302, read with section 34, of the Pakistan Penal Code for causing the death of Hakim Ali deceased. The learned Sessions Judge acquitted their father and uncle but convicted them under section 302, read with section 34, and sentenced them to death. The High Court dismissed their appeal and confirmed the sentences of death awarded to them. 2. According to the prosecution, on 25-3-1986 just before sunrise the deceased was returning from his land with his uncle Ghulam Farid (P.W.9). When he reached near the village mosque the petitioners together with their father and uncle surprised him. The petitioners were armed with hatchets. They abused the deceased and attacked him with hatchets. The deceased died at the spot. Apart from Ghulam Farid (P.W.9) the occurrence was also witnessed by Ghulam Muhammad (P.W.10) and Talib Hussain (P.W.8). After the occurrence Ghulam Farid (P.W.9) lodged the F.I.R. at Police Station Borewala at 8-30 in the morning. The police station was ten miles away from the spot. 3. The motive for the occurrence was stated to be an incident which took place a month and a half earlier when the deceased castigated the petitioners for teasing his niece. 4. The post-mortem examination of the deceased revealed that he had received eight injuries. Six of these had been caused by sharp-edged weapons and were…

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