Law:

Section:

(a) Constitution of Pakistan (1973)----Art.185(3) --Penal Code (XLV of 1860), S. 302/307/34--Petition again conviction and sentences--Prosecution relying on testimony of eye--witnesses closely related to deceased--In absence of previous enmity, their testimony could not be discredited for reason of their relationship -with deceased--Petitioners directly charged with commission of offence by injured prosecution witness whose statement could not be brushed aside--Petition being devoid of merits, dismissed. (b) Constitution of Pakistan (1973)- ---Art. 185(3)--Penal Code (XLV of 1860), S. 302/307/34-Petition against conviction--interested witnesses--Convictions based on ocular testimony of witnesses closely related to deceased--There being no previous enmity and occurrence having been witnessed by relatives of deceased held, their testimony could not be discredited for reason of their relationship with deceased--Leave to appeal refused. ORDER MIAN BURHANUDDIN KHAN, J.--Muhammad Saqlain, Nazar Hussain Muhammad ldris, Muhammad Younas and Zulqarnain were tried for the murder of Said Amir and Muhammad Hussain by the learned Sessions Judge, Jhelum who found them guilty except Zulqarnain, and awarded death sentence and fine of Rs.2,000 each to Muhammad Saqlain and Nazar Hussain on two counts, under section 302/34, P.P.C. and life imprisonment and fine of Rs.1,000 each to Muhammad Idris and Muhammad Younas on two counts, under section 302/34, P.P.C. and all the above-named four accused/ petitioners were sentenced to 10 years' R.I. and fine of Rs.1,000 each under section 307/34, P.P.C. for causing injuries to Muhammad Bashir. The accused/ petitioners filed appeal in the Lahore High Court which was dismissed vide the impugned judgment, dated 17-2-1985 and death sentence was confirmed. 2. According to the prosecution version on 30-3-1981 at 5-30 p.m. Anar Khan complainant, along with Muhammad Hussain his brother, and Said Amir and Muhammad Bashir his sons, were sitting in the Baithak of retired Subedar Lal Khan. In the meantime Nazar Hussain, Muhammad Idris, Muhammad Saqlain, Zulqarnain and Muhammad Younas passed in front of the Baithak and Muhammad Hussain remarked that…

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