Law: Penal Code (XLV of 1860)

Section: 302/34/201/34

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)   Ss. 302/34 201/34 Constitution of Pakistan (1973), Art. 185(3) Leave to appeal was granted to consider the contentions that the ocular evidence against the accused being not independent required corroboration which was not available, that police had failed to recover the dead body of the deceased, that trail of blood could not be visible for a distance of about one furlong even if the dead body was dragged for such a distance and that the night of incident being dark, the assailants could not have been identified.  ORDER MUKHTAR AHMED JUNEJO, J.Leave to appeal is sought against the judgment dated 28 2 1993 by a learned Division Bench of the Lahore High Court maintaining conviction of petitioners, Muhammad Tufail, Muhammad Zubair and Qasim. 2. Present petitioners were tried with their co accused Subah Sadiq, Allah Yar and Muhammad Anwar in the Court of Additional Sessions Judge, Okara for having committed murder of Sarfraz Khan on 7 10 1987 at 8 00 p.m. and for causing disappearance of his dead body by throwing the same in B.S. Link Canal. 3. The report about the incident was lodged with police by P.W. 7 Muhammad Aslam uncle of the deceased, who claimed to have witnessed the incident with P.W. 8 Muhammad Amin, while accompanying deceased Sarfraz Khan, at place near Caution Head of Railway Station Gulsher. During the incident petitioner Muhammad Tufail raised ‘Lalkara’ and fired at Sarfraz Khan, who was also fired at by petitioners Muhammad Zubair and Qasim. Sarfraz Khan received the gunshots and died at the spot. His dead body was taken to B.S. Link Canal where it was thrown in waters, despite request by the eye witnesses to release the same. The motive for the offence, as per Muhammad Aslam, was civil litigation between the deceased and co accused Allah Yar, Subah Sadiq and Muhammad Anwar…

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