Law:

Section:

ORDER   JAVID IQBAL, J.--This petition for leave to appeal has been, filed by Ahmad Nawaz petitioner and is directed against the dated 24th March, 1984 of the Lahore High Court Lahore.   Briefly the facts are that Khan Zaman and Fatoi Khan respondents were charged under section 302/34, P.P.C. and vide dated 25 April, 1981 of the Additional Sessions Judge Attock both of them were convicted under the aforesaid sections and Khan Zaman respondent was sentenced to death plus fine whereas Fatoi Khan respondent was sentenced to imprisonment for life plus fine. On appeal the Lahore High Court, Lahore vide the impugned acquitted both the respondents.   The deceased in the instant case is Mehr Khan who is father of Ahmad Nawaz petitioner. The occurrence took place on 17 August, 1980 at 7-30 a. m. in Kotha Dhok Dakhali, Police Station Lawa, District Attock. The F.I.R. was lodged by Safdar Ahmad PW. Both the respondents were arrested on 19 July, 1980 in the Hospital Talagang. From Khan Zaman respondent was recovered human blood-stained Vahola whereas from Fatoi Khan respondent was recovered a stick not stained with blood. There are two eye-witnesses of the occurrence namely Safdar Ahmad and Lal Khan P.Ws. Both of them were related to the deceased and had been considered as interested witnesses. According to the prosecution version the motive was that the deceased had purchased some land from one Nur Khan brother-in-law of the two respondents. At the behest of the two respondents one Mehl Khan brought a pre-emption suit which was decreed in his favour. The possession of the disputed land was with the deceased and the two respondents wanted to take forcible possession from him. Consequently on the fateful day the two, respondents chased the deceased while being armed with Vahola and stick. When they reached close to him the deceased fired at them with his licensed pistol which he was carrying. Zaman Khan respondent was hit by a shot. Then the two respondents caused 12 injuries to the deceased as a result of which he died. The defence version in this case as given by Khan Zaman respondent is that he was attacked and injured at the hands of the deceased by a…

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