Law:

Section:

(a) Penal Code (XLV of 1860)-------Ss. 302/34 & 307/34---Criminal Procedure Code (V of 1898), S.342--¬Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to examine contention that having disbelieved the eye-witnesses and recovery, the Court could not have convicted the accused merely on their statement under S. 342, Cr.P.C. (b) Penal Code (XLV of 1860)--- ----Ss. 302/34 & 307/34---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal against acquittal---Acquittal of accused by Trial Court and maintenance of the same by High Court was based on proper appraisal of evidence leading to legally justified conclusions---Leave to appeal was refused in circumstances. (c) Penal Code (XLV of 1860)--- ----Ss. 302/34 & 307/34---Constitution of Pakistan (1973), Art. 185(3)--¬Enhancement of sentence---Leave to appeal was granted on the question of enhancement of sentence of the accused who had been granted leave to appeal against their conviction and sentence to appraise evidence. ORDER SALEEM AKHTAR, J.---The above two petitions will be disposed of by this order. Petition Cr.P.No.52-L/1993 filed by Muhammad Ali and others seeks leave to appeal against their conviction and sentence made by the High Court while petition Cr.P.No. 9-L/1994 challenges the acquittal of five accused and also seeks enhancement of sentence of Muhammad Ali and others. 2. Muhammad Ali, Muhammad Tariq, Muhammad Aslam, Muhammad Tahir, Muhammad Yaqoob, Shahid, Abdul Malik, Muhammad Sadiq Warraich and Muhammad Sadiq Baluch were tried for the murder of Ghulam Abbas deceased, murderous assault on Nazir Ahmed P.W.5 and abduction of Nasir Ahmed P.W. The learned trial Court convicted and sentenced Muhammad Ali to death and fine under section 302/34, P.P.C. Muhammad Tariq was convicted and sentenced under section 302/34, P.P.C. to life imprisonment and pine while Muhammad Tahir and Muhammad Aslam were convicted and sentenced under section 307/34, P.P.C. to seven years' R.I. and fine. The remaining accused were acquitted. Out" of nine accused, five were acquitted while four were convicted. Muhammad Ali and others, petitioners, filed appeal against their conviction and…

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