Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302/34---Constitution of Pakistan (1973), Art. 1.85(3)---Accused without having any right to do so under the law had gone to take the possession forcibly from the complainant party of the land which was .in the cultivating possession of the deceased who was ploughing the same at that time---Accused attacked the deceased persons who were unarmed ---Eye-witnesses who were grazing their cattle near the place of occurrence and had no reason to falsely implicate the accused had fully supported the prosecution case---Courts below had properly appreciated the evidence and rightly awarded the normal penalty of death to the accused---Leave to appeal was refused accordingly. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to reappraise the evidence as the rifle alleged to have been recovered at the instance of accused did not match with the empties of the rifle recovered from the spot. JUDGMENT ABDUL QADEER CHAUDHRY, J. ---Leave to appeal has been sought against the judgment , of the Lahore High Court, Lahore,' dated 8-12-1993. 2. According to the prosecution, the complainant party was in 'possession of the joint property owned by their and the accused. The accused had been demanding the possession, but the complainant party did not agree to that. On 19-10-1986, at about 10 a.m. Faiz Ahmed complainant P.W.12, Ahmed P.W.13, Ihsan Ullah and Muhammad Ashiq (not produced) were grazing their cattle, while Muhammad Ashraf, Sultan and Ghulam Pool deceased were ploughing their field. Bashir Ahmed, Ali Hussain and Zulfiqar armed with guns Muhammad Ashraf armed with a rifle and Muhammad Sharif carried a Dang came there. Ali Hussain raised a Lalkara whereupon Bashir Ahmed fired a shot hitting Muhammad Ashraf deceased m the chest and neck. Zulfiqar fired a shot hitting Sultan on his buttocks. Ali Hussain fired a shot hitting Ghulam Rasool deceased on his hand and right wrist. Muhammad Ashraf fired from his rifle hitting Sultan deceased on his ear. Muhammad Sharif gave a Fang blow to Ghulam Rasool on his head and arm. 3. The trial Court recorded the following conviction arid…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492