Law:

Section:

Penal Code (XLV of 1860)--Ss. 302 & 324---Constitution of Pakistan (1973), Art. 185(3)---Case of accused was distinguishable from that of acquitted co-accused---Accused had admitted his presence and causing injuries to the deceased and prosecution witnesses by "Chhuri" which had been recovered on his pointation in a blood­stained condition---Plea taken by accused of having acted in exercise of self ­defence had been rightly discarded by High Court being devoid of credence--­Courts below had properly appreciated the evidence without having misread the same---Leave to appeal was refused accordingly. Sh. Naveed Shaharyar, Advocate for Petitioner. Nemo for the State. Date of hearing: 2nd May, 1994. JUDGMENT ABDUL QADEER CHAUDHRY, J.---Leave to appeal has been sought against the judgment of the High Court dated 20-1-1993. 2. The facts in brief are that the petitioner was convicted and sentenced by the learned trial Judge under sections 302 and 324, P.P.C. The co-accused Abdul Aziz was acquitted by the trial Court, The High Court maintained the conviction and sentence The petitioner in this petition wants to re-appraise the evidence. 3. According to the prosecution:-- "On 20-12-1987 Mukhtar Ahmed complainant P.W.8 made his statement Exh. P. A. before Ghulam Abbas ASI (P. W.2) in Aziz Bhatti Shaheed Hospital, Gujrat. In complaint Exh.P.A. Mukhtar Ahmad P.W.8 got recorded that he was a student of 11 year and they were refugees from Azad Kashmir. On 20-12-1987 at about noon an altercation took place between his brother Muhammad Ashraf deceased and Muhammad Javed accused who is their neighbour. The matter was patched up but accused threatened Muhammad Ashraf deceased to teach him a lesson for the altercation. At about 5-30 p.m. complainant Muhammad Ashraf deceased and Muhammad Rafique, given up P.W, who had come from District Rajori occupied Jammu and Kashimir on visit Visa and is son of paternal aunt of the complainant, were sitting over the Pulli near Kashmir Colony. 1n the meantime, accused Muhammad Javed armed with a Chhuri and accused Abdul Aziz armed with a knife came over there. Accused Abdul Aziz raised Lalkara and also inflicted knife blow to the complainant…

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