Law:

Section:

Penal Code (XLV of 1860)-----S. 302/34--Constitution of Pakistan (1973), Art. 185(3)--Appreciation of evidences- Occurrence taking place in open field in month of September at 2-00 p.m., witnessed by two eye-witnesses who were considered to be natural witnesses of occurrence--Question arising whether prosecution witnesses could see accused party from a distance of 6 Kanals when they were giving Sota blows to deceased, and hear alarm from spot at a distance of 11 Killas--Distance of 6 Kanals, held, was such that if a victim was being attacked by assailants with Sotas, an eye-witness could see it from that distance in circumstances--No case having been made out for re-appraisal of evidence, leave to appeal refused. ORDER JAVID IQBAL, J.--Leave to appeal is being sought against the judgment of a learned Single Judge of the Lahore High Court, Lahore dated 14th June, 1982 in Criminal Appeal No.146 of 1980. The facts are that Muhammad Sharif and Mohammad Ashraf petitioners alongwith Arshad co-accused were originally tried under section 302/34, PPC for the murder of Mohammad Sharif son of Allah Dad and vide judgment dated 21st January, 1980 of the trial Court all of them were convicted under section 302/34, PPC and each of them was sentenced to imprisonment for life plus fine. In appeal before the Lahore High Court, Lahore a learned Single Judge vide his judgment dated 14th June 1982 accepted the appeal of Arshad co-accused and acquitted him but rejected the appeal of the present petitioners. It may be noted here that out of the present petitioners Mohammad Sharif is the father of Mohammad Ashraf. He was also father of Arshad acquitted co-accused. Mohammad Sharif petitioner has died in jail. The petitioners and the acquitted co-accused were stated to be armed with Sotas. The date and time of occurrence is 25th August, 1977 at 2 p.m. in Killa No.25 Square No.21 within the area of Chak No.257/RB Police Station Dijkot, Faisalabad. The FIR was lodged at 9-15 p.m. on the same day by Abdul Majid PW.3 brother of deceased Mohammad Sharif son of Allah Dad. The petitioners and the acquitted co-accused were arrested on 27th August, 1977. At the instance of Mohammad Sharif and…

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