Law: Penal Code (XLV of 1860)

Section: 302,148,149

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--   ---Ss. 302, 148 149--Constitution of Pakistan (1973), Art. 185(3)-­Appreciation of evidence--Interference withs convictions and sentences under Ss. 302, 148 149, P.P.C. upheld by High Court--Prosecution based on eye-witness account, motive and medical evidence--Plea of grave and sudden provocation not believed-­Reasoning given by Courts below being convincing, did not warrant any interference--Petition having no merit, dismissed. ORDER MIAN BURHANUDDIN KHAN, J- Accused/petitioners Abdul Karim, Faiz Bakhsh and Ghulam Sarwar, along with Nazar Hussain and Nabi Bakhsh were tried by the learned Court of Sessions, Dera Ghazi Khan for committing the murder of Khadim Hussain. They were found guilty, convicted under section 302, P.P.C. read with section 149, P.P.C. and were sentenced to life imprisonment and fine of Rs.1,000 each; and were further convicted under section 148, P.P.C. and sentenced to suffer one year R.I. each. On appeal the learned High Court Judge, vide the impugned order dated 9-2-1982, confirmed the conviction and sentence imposed upon the accused /petitioners while acquitting Nazar Hussain and Nabi Bakhsh. 2. On the day of occurrence i.e. 14-10-1978 at 7 p.m. Muhammad Murad PW.7, Malang PW.8 and Khadim Hussain deceased were present in the Baithak of Farid Bakhsh PW.6 when Abdul Karim accused/ petitioner came and took away the deceased on the pretext that his father Allah Bakhsh was calling him. After a short while the witnesses heard the screams of Khadim Hussain arid they rushed towards the spot, which is the cotton field of Allah Bakhsh where they saw Nazar Hussain and Nabi Bakhsh, the acquitted accused holding the deceased while the three accused /petitioners were giving him hatchet blows. On seeing the witnesses, the accused ran away from the spot. Motive for the crime is stated to be that Abdul Karim accused/ petitioner suspected illicit relationship of his wife with the deceased which prompted him and the other accused /petitioners to kill the deceased. 3. Learned counsel for the petitioners argued that the motive has not been proved. He referred to the cross-examination of Farid Bakhsh PW.6 wherein he stated…

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