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1987 SCMR 53 SUPREME COURT OF PAKISTAN Present: Aslam Riaz Hussain, Javid Iqbal and Ali Hussain Qazilbash, JJ MUHAMMAD NAWAZ--Petitioner Vs THE STATE--Respondent Petition for Leave to Appeal No. 373 of 1982, decided on 1st November, 1986. Date of hearing: 1st November, 1986. (On appeal from the and order of the Lahore High Court, Lahore, dated 9th October, 1982 in Murder Reference No. 83 of 1980/ Criminal Appeal No. 403 of 1980). M.B. Zaman, Senior Advocate, Supreme Court instructed by Ijaz Ali Sheikh, Advocate-on-Record for Petitioner. Nemo for the State. Constitution of Pakistan (1973)-- ---Art. 185(3)--Penal Code (XLV of 1860), S. 302--Conviction and sentence--Plea that ocular testimony of interested witnesses was not corroborated by independent evidence, not entertained--Occurrence being of day time, First Information Report was lodged promptly attributing specific role to petitioner--Ocular testimony of two natural witnesses consistent in details and corroborated by medical evidence, was rightly accepted--Reappraisal of evidence not warranted--Leave to appeal refused. JUDGMENT JAVID IQBAL, J.--This is a petition for leave to appeal against the of a Division Bench of the Lahore High Court Lahore, dated 2nd October, 1982 where under the petitioner's conviction as well as sentence awarded to him by the trial Court under section 302, P.P.C., were maintained and his appeal was dismissed. The petitioner was tried alongwith Rab Nawaz and Gharib Nawaz by the Sessions Judge Mianwali for the murder of Abdullah Khan on 9th October, 1978 at 8-15 a.m. near Abadi of village Nammal Police Station Chakrala District Mianwali, but he acquitted Rab Nawaz and Gharib Nawaz convicting the petitioner under section 302, P.P.C. and sentencing him to death plus fine of Rs.2,000, or in default to undergo two years' R.I. As stated above the Division Bench of the Lahore High Court Lahore dismissed the appeal of the petitioner maintaining his conviction and sentence. The F.I.R. in his case was recorded at Police Station, Chakrala on the same day at 1 p.m. on the statement of Nawab Khan P. W. 9 brother of the deceased who is also eye-witness of the occurrence besides Mohammad Bakhsh…

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