Law: Penal Code (XLV of 1860)

Section: 302,304

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--   --Ss.302 304, Part-1--Constitution of Pakistan (1973), Art.185(3)-­Leave to appeal-- Grant of--Appreciation of evidence--Petition against acquittal/ reduction of sentence--No misreading or non-reading of any material part of evidence involved--Conclusions drawn by High Court being supported by material on record and could possibly be arrived at with such material--Leave to appeal refused. ORDER MUHAMMAD AFZAL ZULLAH, J.- Leave to appeal has been sought by a complainant in a murder case from judgment dated 28-3-1984 of the Lahore High Court; whereby the appeal of respondents Nos.1 and 2 against conviction under Section 302 PPC and sentences of imprisonment for life and fine, was partly allowed and Ishtiaq Ali respondent was acquitted while Asmat Ali respondent was convicted under Section 304, Part-I with sentence of 10 years R.I. plus fine. The prosecution case was that the accused/ respondents who were brothers intense had a complaint that Shahid Mahmood deceased had evil intentions towards their sister. They, therefore, having armed themselves with daggers inflicted injuries on him and killed him. The defence plea raised by Asmat Ali respondent was that he saw his sister Fauzia getting down from a wagon. When she was walking towards her house the deceased started chasing her. At one stage he also tried to molest her and uttered the words: Mairi Jan Kahan Ja rehi hay. Seeing this he lost his temper picked up a Chhuri from a nearby Rehri and injured the deceased. Ishtiaq Ali respondent however had pleaded denial with the assertion that he was not present at the spot; rather, he was confined to bed or…

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