Law: Penal Code (XLV of 1860)

Section: 302,304,302/34

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)-   ---Ss.302 304, Part I Part II--Constitution of Pakistan (1973), Art. 185 (3)--Sentence, enhancement of--Accused convicted under 5.304, Part II, P.P.C. and sentenced to 10 years rigorous imprisonment-­Contention that accused should have been convicted under S .304, Part I, P.P.C. accepted but sentence of 10 years being adequate in circumstances of case, grant of leave merely to consider whether conviction should be altered from S.304, Part II, P.P.C. to 5.304, Part I, P.P.C. refused.   (b) Penal Code (XLV of 1860)--   ---S.302/34--Petition against acquittal--Appraisal of evidence--Accused of murder acquitted by Trial Court--High Courts order upholding acquittal, challenged--No flaw in appraisal of evidence by High Court pointed out--Reasons recorded for upholding accuseds acquittal being sound, did not call for any interference--Leave to appeal refused.   ORDER ASLAM RIAZ HUSSAIN, J.--This order will dispose of (i) Criminal PSLA No.128 of 1986 filed by Shaukat Ali petitioner against Muhammad Aslam and (ii) Criminal PSLA No.130/86 filed by Shaukat Ali against Muhammad Aslam, Muhammad Ashraf, Muhammad Akram, Wali Muhammad, Abdul Shakoor and Muhammad Sharif, co-accused (respondents in that petition). 2. All the respondents in the two cases were tried for the murder of Ali Muhammad. The learned trial Court acquitted five accused persons (who are respondents in Crl. P. No. 130 of 1986), but convicted Muhammad Aslam (respondent No.1 in Cr1.P.No.128 of 86) under section 304-II and sentenced him to .10 years R.I . Shaukat Ali filed two revision petitions before the High Court one for enhancement of the sentence of Muhammad Aslam and the…

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