Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302/34---Appreciation of evidence---Courts below had accepted the ocular account and Wajtakkar evidence for valid reasons and their appraisal of evidence did not suffer from misreading, non-reading or misconstruction of evidence---Conviction and sentence of accused were upheld in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Constitution of Pakistan (1973), Art. 185(3)---Sentence, enhancement of---Evidence relating to alleged immediate motive was weak and the real motive in the case remained shrouded in mystery---Sentence of imprisonment for life awarded to accused was not enhanced to death in circumstances and leave to appeal was refused accordingly. JUDGMENT MUHAMMAD RAFIQ TARAR, J.---This appeal by Muhammad Din alias Manni and Mst. Parveen Akhtar alias Mukhtari with the leave of this Court is directed against the judgment of a learned Division Bench of the Lahore High Court dated 6-10-1987 whereby their conviction under section 302/34, P.P.C. for the murder of Mst. Maqsoodan Bibi was maintained but the death sentence awarded to Muhammad Din by the trial Court was altered to imprisonment for life and with this modification their appeal was dismissed. This appeal and Criminal Petition for Leave to Appeal No.201/1989 seeking enhancement of the sentence of Muhammad Din convict are being disposed of through this judgment: 2. The brief facts of the prosecution case are that the house of Mst. Mukhtari and acquitted accused Mst. Parveen Akhtar adjoins the house of the complainant family and there is a common wall between the two houses. On 13-2-1985 at 10-11 a.m. Mst. Parveen and Mst. Mukhtari came to the house of Mst. Rani complainant and requested her daughter Mst. Maqsoodan deceased to join them in mud plastering the common wall. The deceased expressed her inability to help them as she was indisposed. Thereafter she lay down on a cot. Leaving her and her younger sister in the house Mst. Rani accompanied her husband Muhammad Din to the fields for work. At about 1-2 p.m. Mst. Rani and her husband returned home and saw Muhammad Din alias Manni, Mst. Muhhtari and Mst. Perveen hurriedly coming out of their house. On…

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