Law:

Section:

(On appeal from the dated 2-5-1993 of the Lahore High Court, Lahore in Criminal Appeal No. 43/87). Penal Code (XLV of 1860)--S. 302/34---Constitution of Pakistan (1973), Art. 185(3)---Reasoning advanced by Courts below in support of their sifting the grain from the Chaff and extending the benefit of doubt to same co-accused by way of abundant caution and convicting the accused, did not suffer from any legal error, misreading or non-reading of evidence to justify interference with the concurrent finding of fact---Leave to appeal was refused accordingly. Asghar Ali, Advocate Supreme Court and Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing: 11th May, 1994. JUDGMENT WALI MUHAMMAD KHAN, J.---Riaz Ahmad, petitioner herein, calls in question the judgment dated 2-5-1993 passed by a learned Single Judge of the Lahore High Court, whereby Criminal Appeal No.43/87 filed by him alongwith Fateh Sher, his co-convict, against their conviction and sentences under section 302/34, P.P.C. awarded by the learned Sessions Judge, Toba Tek Singh for the murder of Atta Muhammad deceased and attempting at the lives of Nawab Khan, Muhammad Afzal and Fazal P.Ws., was partly accepted, Fateh Sher was extended the benefit of doubt and acquitted while the appeal of Riaz Ahmed petitioner was dismissed. 2. The facts of the case, briefly stated, are that the complainant Nawab Khan P.W.8, resident of Chak No.202/JB P.S. Nawan Lahore, Tehsil Gojra, was owner of 72 Kanals of agricultural land in the area of Chak No.332 in the same Police Station which was being cultivated by his tenants. On 6-9-1985, at morning time, he alongwith Atta Muhammad deceased, Atta Muhammad son of Modai and Fazal went to the house of Muhammad Afzal P.W.9 at Chak No.332/JB where there was exchange of fire between Sarfraz Ahmed and Muhammad Saeed on the one hand and his brother Muhammad Akram on the other on account of some party friction. Fateh Sher ,acquitted accused was also involved in that enmity who started firing from school but through the intervention of the villagers, firing was stopped and luckily nobody was hurt. The complainant alongwith his companions named above,…

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