Law:

Section:

Penal Code (XLV of 1860)--S. 304, Part I---Constitution of Pakistan (1973), Art. 185(3)---Appeal against acquittal of accused under S. 302, P.P.C. by High Court---Leave to appeal was granted to consider whether on proper appreciation of evidence on record the case could fall under S. 304, Part 1, P.P.C. Asif Saeed Khan Khosa, Advocate Supreme Court and Sh. Salahuddin, Advocate-on-Record for Petitioner. Walayat Umer Chaudhry, Advocate-on-Record for Respondents. Date of hearing: 15th January, 1994 ORDER SALEEM AKHTAR, J.---The petitioner seeks leave to appeal against the judgment of the Judge of the Division Bench of the High Court whereby, conviction under section 302, P.P.C. and sentence of death awarded to Muhammad Yaqoob, respondent No. l by the trial Court for committing the murder of Mst. Surayya and Muhammad Wakil and a fine of Rs.15,000 was set aside and he was convicted under section 304, Part I, P.P.C. on two counts and sentenced to undergo R.I. for ten years plus fine of Rs.1,000 on each count or in default whereof to undergo R.I. for three months on each count. The sentences were ordered to run concurrently and the benefit of section 382-B, Cr.P.C. was also given. 2. According to the F.I.R, Khan Muhammad complainant, P.W.3 lodged a report that he had gone to the house of Suleman, his father-in-law. When he came out of the house at 5-30 p.m. he saw Muhammad Yaqoob firing twice with his rifle at his sister Mst. Surayya in the room of his father's house, door of which was open. Abdul' Shakoor and Muhammad Yousaf P.Ws. also came there and they saw the occurrence. The complainant hid himself behind the door of the house of his father-in-law and saw Muhammad Yaqoob coming out of his house raising Lalkara and started towards the Bazar saying that he would not spare him (the complainant) and Muhammad Wakil. Abdul Shakoor and Muhammad Yousaf ran after him to catch him. The accused seeing Muhammad Wakil in the Bazar fired twice at him. Abdul Shakoor and Muhammad Yousaf P.Ws. snatched the rifle from him, which was a licensed weapon of his father Saeed Ahmed Shah. About the motive of the occurrence it was alleged by the complainant that he had started business of…

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