Law:

Section:

(a) Penal Code (XLV of 1860)-----S. 302--Constitution of Pakistan (1973), Art. 185(3)--Petition against conviction of petitioner based upon ocular testimony of two eye-witnesses, evidence of recovery of blood-stained weapons, clothes and motive-­Prosecution evidence having been found reliable by two Courts below, Supreme Court declined to take a different view and refused leave to appeal. (b) Penal Code (XLV of 1860)- ---S. 302/34--Constitution of Pakistan (1973) Art. 185(3)--Petition against acquittal and for enhancement of sentence--Conflict between medical evidence and eye-witness account with regard to actual role attributed to co-accused--Order of High Court allowing benefit of doubt to co-accused, maintained--Two Courts below having given reasons for not awarding death sentence to main accused and there being no justification for interference with discretion exercised by them, leave to appeal refused. JUDGMENT SAAD SAOOD JAN, J.--These are two petitions for special leave to appeal from the judgment of the Lahore High Court maintaining the conviction and sentence of Muhammad Tufail on a charge under section 302 of the Pakistan Penal Code. 2. According to the prosecution on 22-7-1975, at about 1 p.m., Faiz Muhammad deceased and his brother Mithu were returning to their house from the fields. On the way they were surprised by Muhammad Tufail and his brothers Khurshid and Muhammad Amin. Muhammad Tufail was armed with a hatchet, Khurshid was carrying a Dang and Muhammad Amin had a knife with him. They set upon Faiz Muhammad deceased and inflicted a number of injuries upon him. After the occurrence Faiz Muhammad was taken to a hospital but he died before any medical assistance could be rendered to him. Mithu went to Police Station Makhdoom Rashid and lodged the F.I.R at 4-30 p.m. The motive for the occurrence was stated to be incident which had taken place about 13/4 years earlier; during the course of this incident father of Muhammad Tufail was murdered by the father and brothers of Faiz Muhammad. 3. At the trial Muhammad Tufail and his brothers pleaded not guilty. They did not produce any evidence in their defence. 4. The post-mortem examination of the…

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