Law:

Section:

Penal Code (XLV of 1860)-----Ss. 302/34 & 304, Part I--Constitution of Pakistan (1973), Art. 185(3)--Re-appraisal of evidence- -Acquitta/reduction in sentence of accused respondent challenged on ground at motive of offence against them was established, there was no likelihood of false implication and that injuries sustained by one accused-respondent were insignificant and were not found on his person by Investigating Officer at time of his arrest--Leave to appeal granted to consider nature of offence against accused-respondents and to re-appraise evidence against acquitted respondent. ORDER MIAN BURHANUDDIN KHAN, J.--By this petition leave is sought to appeal against the judgment and order of the Lahore High Court dated 10-3-1980 passed in Criminal Appeal No.331 of 1979. 2. The accused /respondents Muhammad Iqbal, Muhammad Tufail, Noor Muhammad and Gulzar Ahmad were tried by the learned Additional Sessions Judge, Lahore who, vide his judgment dated 15-3-1979 awarded life imprisonment to Muhammad Iqbal and Muhammad Tufail under section 302/34, P.P.C. and a fine of Rs.2,000 each or in default, to undergo further six months' R.I.; while Noor Muhammad and Gulzar were sentenced to one year R.I. each and to pay a fine of Rs.1,000 each, in default, to undergo R.I. for further 3 months, for committing the murder of Fayaz Haider and causing injuries to Ishtiaq Ahmad P.W.9. 3. On appeal before the Lahore High Court, Noor Muhammad, Gulzar and Muhammad Tufail were acquitted; while appeal of Muhammad Iqbal accused/ respondent was partly accepted inasmuch as he was acquitted of the charge under section 302, P. P. C . and was convicted under section 304-II and sentenced to six years' R.I. and a fine of Rs.5,000, in default, to undergo further R.I. for one year. Fine or any part thereof, if realized, was ordered to be paid to the legal heirs of Fayaz Haider deceased as compensation. 4. According to the prosecution, on 17-8-1976 at 9/10 a.m. while proceeding to his uncle's house Ishtiaq P.W.9 protested to the wife of Noor Muhammad accused/ respondent for tethering buffalo in the street. The matter was settled on the intervention of Muhammad Parvez, a neighbour. On 18-8-1976…

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