Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 302/307/34--Leave to appeal, grant of--Appreciation of evidence--Questions raised having been satisfactorily met by the Courts below, which, after detailed discussion accepted prosecution case as factually correct--Petition being devoid of merits, dismissed. ORDER MIAN BURHANUDDIN KHAN, J.--This petition is directed against the judgment and order of the Lahore High Court, Lahore dated 4-2-1984 passed in Criminal Appeal 318 of 1980 whereby appeals filed by the petitioners against their conviction and sentences were rejected, and sentence of death passed on Umar Hayat and Shamsher and life imprisonment awarded to Abdullah under section 302/34, P.P.C. plus fine of Rs.10,000 each were confirmed and murder reference was answered in the affirmative. They were also convicted and sentenced under section 307 read with section 34, P.P.C. to 10 years' R.I. and fine of Rs.2.000 each. 2. According to the prosecution, on 7-7-1977 both the deceased Mumtaz Ahmad and Riaz Hussain, alongwith Falak Sher P.W.15, were lying asleep on the roof of their house, while the other members of their family were lying asleep at some distance. In the night between 7/8-7-1977 the petitioners allegedly trespassed into the house and climbed its roof. Umar Hayat and Shamsher petitioners were armed with guns while Abdullah petitioner was carrying a rifle. Their intrusion attracted the watch dogs who started barking which awoke Ata Muhammad P.W.14 and Ahmad who saw, in the light of the bulb, Umar Hayat, Shamsher and Abdullah firing, from a close range, at the two deceased and Falak Sher simultaneously. Abdullah's rifle misfired whereas the fire-shots of the guns of the other two accused /petitioners injured the two deceased. While running away, after firing, the accused/ petitioners were seen by Muhammad P.W.16 and Haji Shahadat who tried to intercept them but they were threatened by the petitioners. The victims of the assault were removed to the hospital. 3. Dr. Muhammad 'Shah P. W.8 examined Riaz Hussain and found an irregular fire-arm wound 3" in diameter over the right side chest on its lateral aspect starting "4"…

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