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Penal Code (XLV of 1860)--S 302--Evidence, appreciation of--Eye-witnesses giving consistent version of occurrence--Deep rooted enmity between parties existed--Recovery of blood­stained hatchet corroborated the case--Sentence of imprisonment for life, held, was proper in circumstances. Ch. Akhtar Ali, Advocate Supreme Court/Advocate-on-Record for Petitioner (in Cr. P.57-R and J.P.60-R of 1981). Agha Aziz Ahmad, Advocate Supreme Court and Muhammad Afzal Siddiqi, Advocate-on-Record for Petitioner (in Cr. P.58-R of 1981). Muhammad Nawaz Abbasi, A. A.-G. for the State (in Cr.P.57-R of 1981 and J.P. 60-R of 1981) Ch. Akhtar Ali, Advocate-on-Record/Advocate Supreme Court for Respondent No.l. (in Cr.P.58-R of 1981). Date of hearing: 30th November, 1988. JUDGIMENT SHAFIUR RAHMAN, J.--Three criminal petitions have been filed, two by the convict himself and the third by the complainant against the judgment of the Lahore High Court, Lahore dated 4-7-1981 whereby the conviction and sentence of the convict Sardar Khan under section 302, P.P.C. was maintained but the sentence of death was altered to life imprisonment. The prosecution case against the convict was that his sister Afsar Jan had been divorced by the deceased Muhammad Ashraf about fifteen years ago. Thereafter, in two murder cases the convict was charged for the murders of persons belonging to the complainant side but was acquitted. A day preceding the occurrence which took place at 6-45 p.m. on the 30th of April, 1976, the cattle of Sardar had trespassed in the field of the deceased Ashraf, who had abused him. In the evening on the day of occurrence, Ashraf deceased started with a bundle of harvested wheat towards his house. On his way when he passed near the fields of Sardar Khan, convict, the latter inflicted blows by the blunt side of the hatchet on his head. Sardar Khan was allegedly accompanied by Fazal Elahi who has since been murdered. Ashraf received five lacerated wounds and a bruise and died at the spot. A report…

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