Law:

Section:

Penal Code (XLV of 1860) S. 302/34 Constitution of Pakistan (1973), Art. 185(3) Fact that the deceased had other enemies as well alone was not sufficient to cast aspersion on the veracity of the prosecution witnesses who had no reason to falsely implicate the accused and leave real culprit go scot free Trial Court as well as High Court on the proper appraisal of evidence had found the accused guilty for the murder of the deceased High Court's not suffering from any legal error did not call for any, interference Leave to appeal was refused accordingly. JUDGMENT WALI MUHAMMAD KHAN,'J. Mehrban and others, petitioners herein, call in question the judgment dated 28 3 1994 passed by a learned Division Bench of the Lahore High Court, Rawalpindi Bench, whereby Criminal Appeal No. 15/90 filed by the petitioners, Murder Reference No.175/90, and Criminal Revision No. 36/90 filed by the complainant, were disposed of through a consolidated judgment, the appeal filed by the petitioners dismissed with the modification that the death sentence awarded to Mehrban petitioner 1 was commuted to life imprisonment, the Murder Reference replied in the negative and the Criminal Revision dismissed. The facts of the case, briefly stated, are that Muhammad Aslam deceased went to his field for ploughing the same and took a pair of bullocks and yoke alongwith him for the purpose, early in the morning. Tariq Mahmood P.W.6 who is his brother in law, residing in a different village, was staying in the house of Muhammad Razzaq complainant P.W.7 and before his departure in the morning, he wanted to see the deceased, his brother in law, and since he was away to the field he alongwith the complainant and Abdul Rashid P.W. left the house but en route heard his cries and saw Mehrban petitioner armed with a hatchet, Jehan Zeb petitioner armed with a Chhuri, Tazarab Hussain petitioner armed with hatchet, and Shaheen Mahmood petitioner also armed with a hatchet. They raised a Lalkara that they would teach a lesson to the deceased for appearing as a witness against them and also for ploughing the land from which he had been prohibited. Simultaneously, all of them started delivering blows to the deceased…

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