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Penal Code (XLV of 1860)--S 302/149/148---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal---Defence counsel when confronted with the evidence on record could not make any strong criticism of the same and pleaded for allowing the benefit of S.382-B, Cr.P.C. to the accused which request the State Counsel did not oppose---Petition was consequently converted into appeal and benefit of S.382-B, Cr.P.C. was extended to accused. ORDER M. BURHANUDDIN KHAN, J: --Bashir, Walayat, Mukhtar, Khadim Hussain alias Khadu accused/petitioners and Nazir the acquitted accused were tried by the learned Additional Sessions Judge, Gujranwala for committing the murder of Riasat Ali. Nazir was acquitted while the accused/petitioners were convi9ted under section 302 read with section 148/149, P.P.C. and were sentenced to imprisonment for life and fine of Rs.5,000 each. Appeal filed by the accused/petitioners was dismissed by the learned High Court per judgment, dated the 23rd April, 1983. 2. By this petition leave is sought to appeal against the impugned judgment on the grounds that principle of safe dispensation of criminal justice has not been observed by the Courts below in convicting the accused/petitioners and sentencing them to imprisonment for life and fine as stated above; and that the Courts below have not properly appreciated the evidence according to the established principles of appraisal of evidence. 3. According to Muhammad Ali complainant, on 13-11-1976 he alongwith his brother Riasat Ali deceased were returning to their village when near Chah Saniarianwala Nazir and Bashir, armed with hatchets, Walayat and Mukhtar, armed with knives and Khadim Hussain, armed with Dang, came out from the sugarcane crop; attacked. Riasat Ali and wounded him and brought him down to the ground and inflicted more blows when he had fallen. The occurrence was witnessed by Maula Dad, Muhammad Din and Sube Khan P.W.9. The reason for the attack, stated by him, was that two days prior to the occurrence, Ghulam Rasul Mochi was thrashing the paddy crop of the accused/petitioners; the deceased Riasat Ali abused him and asked him to thrash his crops first; that the accused/petitioners who…

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