Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--S.302--Constitution of Pakistan (1973), Art. 185(3)--Evidence, appreciation of-­Eye-witnesses being sisters of accused and natural witnesses categorically stating that accused-petitioner had fired a fatal shot. at the deceased and there was no reason to believe that they would have deposed against their brother--Sharing of common intention of acquitted co-accused with the petitioner was not proved rather version respecting motive given by prosecution was more plausible--No rule or principle of law governing dispensation of criminal justice had been violated by conviction of accused and acquittal of co-accused--Petition being without merits was dismissed in circumstances. Ghulam Dastgir, Advocate Supreme Court for Petitioner. M. Nawaz Abbasi, A.A.-G. (Pb.) and M. Aslam Uns, Advocate Supreme Court for the State. Date of hearing: 26th November, 1988. ORDER USMAN ALI SHAH, J.--Fayyaz Hussain petitioner was tried along with his brothers Manzoor Hussain and Altaf Hussain by the learned Additional Sessions Judge, Jhelum for an offence under section 302/34, P.P.C., for causing the death of their father Sain Khadim Hussain deceased. The petitioner was sentenced to death, while Manzoor Hussain and Altaf Hussain were sentenced to life imprisonment. The petitioner was also directed to pay a fine of Rs.5,000 or in default to suffer further R.I. for three years and Manzoor Hussain and Altaf Hussain were directed to pay each a fine of Rs.2,000 or in default to undergo further R.I. for two years. On appeal before the High Court, Lahore , Rawalpindi Bench, filed by the petitioner and his brothers co-accused, a learned Division Bench acquitted Manzoor Hussain and Altaf Hussain and the death sentence of the petitioner was maintained and his murder reference was confirmed, vide impugned judgment. Leave to appeal is sought by the petitioner from the said judgment of High Court. According to the prosecution, on 7-9-1981 at 9 p.m. the petitioner along with his brothers Manzoor Hussain and Altaf Hussain acquitted accused in this case came to the house of Muhammad Azad (PW.9), their brother-in-law. Khadim Hussain (deceased) father of the petitioner and his…

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