Law:

Section:

Penal Code (XLV of 1860) --S. 302/34 --- Constitution of Pakistan (1973), Art.185(3) --- Leave to appeal was granted for reappraisal of the entire evidence in the case wherein firstly, the F.I.R., which was said to be prompt and which had been taken to provide corroboration, was lodged outside the police station at a police post notwithstanding the fact that the police station wag only three furlongs away from the spot where the occurrence took place secondly, the Police official whose testimony was heavily relied upon for proving the resolution case appeared to be a close associate of the comp lainant party being co- occused with the deceased in a complaint case; thirdly, the motive being against complainant, his presence at the time of occurrence was doubtful because had he been present, he would have been brought directly under attack and fourthly/finally, the reason given for mitigating the offence under S302/34, P.P.C. was somewhat enigmatic because of the observations of the High Court. Muhammad Munir Khan, Advocateand Ch. Qamaruddin Khan Mco, Advocate-on-Record absent) for Petitioner (in Criminal Petition No.249-L of 1992). Ijaz Hussain Batalvi, Advocatc and Muhammad Aslam ChaudhryMuhammad Yasin v. Muhammad Abdul Aziz ORDER SHAFIUR RAHMAN, J.-- The complainant as well as the convicts have by separate petitions sought leave to appeal against the judgment of the High Court dated 31-5-1992. 2 On the 6th of April, 1988 at about 10-00 a.m. the deceased Zulfqiar Ali was attacked by Muhammad Nawaz armed with .12 bore gun, Muhammad Khalid, Mehdi Hasan and Muhammad Zafar alias Zafra armed with carbine and Zakir Hussain armed with pistol. Zulfiqar died at the spot. The occurrence was witnessed by Sher Muhammad P.W.12 and Muhammad Khan P.W.11. Five .12 bore empties and one .30 bore empties were recovered from the spot, which matched with the weapons recovered from Nawaz, Khaliq and Zafar. The trial Court convicted all the rive accused under section 302, P.P.C. and sentenced three of them to death and two to life imprisonment 3 On appeal and while seized of the question of confirmation of death sentence, the High Court acquitted Zakir Hussain, Mehdi Hasan and…

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