Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--S. 302/34--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal was granted for re-appraisal of entire prosecution evidence.--[Evidence] MA. Zafar, Advocate Supreme Court and Manzoor Elahi, Advocate-on­Record for Petitioner. Nemo for the State. Date of hearing: 15th October, 1988. ORDER ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal against the judgment of a learned Single Judge of the Lahore High Court, dated 24-5-1988. 2. Ishaque Masih petitioner alongwith Niamat Masih, Rehmat Masih and Mukhtar alias Mukha Masih were charged for an offence under section 302/34, P.P.C. for committing the murder of Inayat Masih. The occurrence was alleged to have taken place on 15-1-1985 at 9 p.m. in the fields within the area of village Rakh Khanpur near the Haveli of Noor Muhammad Police Station Chung, District Lahore. The report of the occurrence was made by Kashmira the next day in the police station. In the F.I.R. it was alleged by Kashmira complainant that Isa Masih was his paternal-cousin and at the relevant time wa., working as a servant to Malik Noor Muhammad and resided with his family in the Haveli of his empioyer. On the evening of the fateful day the complainant accompanied by Andaryas resident of Garden Town, Lahore, came to see the deceased in the Haveli of Malik Noor Muhammad. Muhammad Amin son of Malik Noor Muhammad switched the television set on in the Baithak, the complainant. the deceased, Andaryas and Muhammad Amin were watching the television programme when at about 9 p.m. the electricity broke out, as a result of which the television went off for some time. The complainant and the other persons remained in the Baithak while the deceased went out to pass urine. After some time the complainant and others came out of the Baithak and they heard voices of some persons at some distance towards the west of the Haveli. They all proceeded towards the west and the complainant was having a torch. When the,. reached near the place of voices, in the light of the torch he saw Mukhtar Masih alias Mukha giving hatchet blow to Inayat Masih on his head who after the receipt of the injury fell down. Then Niamat Masih,…

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