Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302/34---Constitution of Pakistan (1973), Art.185(3)---Petition for leave to appeal---Ocular testimony to the effect that the injuries sustained by the deceased had been inflicted by three accused stood corroborated by the medical evidence and the same had been rightly relied upon by the two Courts below---Sentences awarded to accused also were not open to any exception---Leave to appeal was refused to accused in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Criminal Procedure Code (V of 1898), S.544-A---Constitution of Pakistan (1973), Art.185(3)---Enhancement of compensation amount--­Petition for leave to appeal---Amount of compensation ordered to be paid to the legal heirs of the deceased did not appear to be ridiculously inadequate--­Trial Court had the discretion to fix the amount of compensation which had not been taken exception to by the High Court---Leave to appeal was refused to complainant accordingly. ORDER MUHAMMAD ILYAS, J.--Three petitioners, Abdul Majid alias Jaidu and two others have made this petition for leave to appeal against judgment, dated the. 14th June, 1995, passed by a Division Bench of the Lahore High Court, in respect of a murder case in which the petitioners were convicted, under section 302/34, P.P.C. for causing the death of one Muhammad Rafique. An Additional Sessions Judge of Sahiwal, who convicted them, sentenced all of them to death. They were also directed to pay a fine of Rs.20,000 each as compensation to the legal heirs of the deceased' or to undergo rigorous imprisonment for six months each for non-payment thereof. The petitioners filed appeal before the learned Division Bench while complainant in the murder case, Muhammad Tufail made revision petition for enhancement of the amount of compensation. The learned Division Bench confirmed the death sentence of Muhammad Ismail but reduced the capital punishment awarded to the other petitioners, Abdul Majid and Siddique, to imprisonment for life. Order relating to compensation was maintained. Thus, the appeal was partly accepted and the revision petition of the complainant was dismissed. The complainant has made petition i.e.…

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