Law:

Section:

Penal Code (XLV of 1860)-----Ss. 302 & 307 read with S.34--Constitution of Pakistan (1973), Art. 185(3)--Sentence--Enhancement--Contentions that it was a deliberate preplanned murder and, therefore, sentence of life imprisonment awarded to accused-respondent should be enhanced and that since co-accused had accompanied the accused-respondent and the eye-witnesses were independent with no motive to falsely implicate the accused, there was no justification for their acquittal-­Accused-respondent had apparently previously killed his wife because he suspected that the deceased was carrying on with her whereupon the deceased had left the village but on day of occurrence, after six years, he came back to attend a wedding ceremony and on seeing him the accused-respondent was suddenly reminded of the pasts-­Conviction and sentence awarded to accused, held, were quite proper--Ocular testimony with regard to acquitted accused found to be uncorroborated in respect of parts ascribed to them--Judgment of High Court, therefore, called for no interference--Petition for leave to appeal dismissed. ORDER JAVID IQBAL, J.--This petition for leave to appeal is directed against the judgment dated 4th February 1981 passed by the Lahore High Court Lahore. It has been filed by Muhammad Sher complainant-petitioner for enhancement of sentence awarded to Fateh Khan respondent and against acquittal of his co-accused, namely, Nawaz Murid and Ahmad Sher. All the four of them were tried under section 302/34 as well as section 307/34 PPC by the Additional Sessions Judge Sargodha who vide his judgment dated 6th February 1979 acquitted Nawaz but convicted the remaining three under section 302/34 PPC and sentence each of them to life imprisonment plus fine as well as under section 323/34 PPC and sentenced each of them to six months' R.I. The sentences were ordered to run concurrently. In appeal before the High Court, a learned Single Judge of the Lahore High Court Lahore vide his judgment dated 4th February 1981 acquitted Murid and Ahmad Sher respondents but maintained the conviction as well as sentence awarded to Fateh Khan respondent. The deceased in this case was Khalid and the injured…

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