Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--S. 307/34--Criminal Procedure Code (V of 1898), S. 340(2)--Constitution of Pakistan (1973), Art. 185(3)--Testimony of eye-witnesses including victim relied upon by all Courts below--Arguments regarding delay in lodging of F.I.R. and non-appreciation of evidence, duly considered by Courts below and rightly rejected--Plea with regard to non-compliance with provisions of S. 340(2), Cr.P.C. not entertained because petitioner had refused to get his statement recorded as witness and also refused to take oath which could not be forcibly administered to him--Petition being devoid of any substance, leave to appeal refused. Qazi Muhammad Salim, Senior Advocate Supreme Court instructed by Tanvir Ahmad, Advocate-on-Record (absent) for Petitioners. Nemo for the State. Date of hearing: 18th June, 1988. ORDER JAVID IQBAL, J.--This petition for leave to appeal has been filed by the four convicts/petitioners in the following background. The present petitioners along with three others namely Ghulam, Sher Muhammad and Muhammad Afzal were tried for offences under sections 307/325/148/149, P.P.C. But the trial Court (Judicial Magistrate) acquitting Ghulam, Sher Muhammad and Muhammad Afzal by giving them benefit of doubt on the ground that they were not directly connected with the motive, convicted the petitioners under section 307/34, P.P.C. and sentenced each of them to 3 years' R.I. plus each to pay compensation of Rs. 3,000 to the injured. Their appeal was dismissed by the Additional Sessions Judge and their Criminal Revision was dismissed by the Lahore High Court Lahore. The injured in this case is Ata Muhammad P.W. The occurrence took place on 2 May, 1985 at Maghribwela in Mauza Kot Najabat. F.1.R. was lodged at 10-10 a.m. on 3 May, 1985. The petitioners and the acquitted co-accused were arrested soon after the registration of the case. There are four eye-witnesses of the occurrence including the victim who have been relied upon by all the Courts below.…

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