Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302/34 --Constitution of Pakistan (1973), Art.185(3)---Petition for leave to appeal---Prompt recording of the F.I.R. had negated the possibility of manipulation by the police or the complainant---Evidence of eye-witnesses was severally and collectively sufficient to connect the accused with the murder of the deceased---Motive for the occurrence had been proved---Ocular account was not inconsistent with medical evidence---Concurrent findings of facts against the accused by the Courts below had no infirmity---Leave to appeal was refused in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to accused only on the point of sentence to scrutinize prosecution evidence whether fatal injury was attributed to accused alone or also to co­accused who had been awarded imprisonment for life and as such death sentence of the accused be also converted to imprisonment for life. Sh. Khizar Hayat, Advocate Supreme Court for Petitioners. Nemo for the State. Date of hearing: 30th April, 1995 ORDER MIR HAZAR KHAN KHOSO, J.---Petitions Nos. 16 of 1995 (Allah Bakhsh etc. v. The State) and 17 of 1995 (Qadir Bakhsh etc. v. The State) are directed against the common judgment dated 20-2-1993 passed by a Division Bench of Lahore High Court, Multan Bench, Multan, in Criminal Appeal No.33 of 1989 and Murder Reference No.24 of 1989. We intend to dispose of them by this one Order. 2. In statement Exh.PD recorded on 20-11-1985 at 4.30 p.m. at Police out post Hajipur complainant Sher Muhammad (P.W.6) has stated that he owned agricultural land in Mauza Hajipur, which was being cultivated by his brother Mahar Bux, deceased. Two and half months back during night Gulab Lashari was injured and case was registered against Allah Bachaya son of the deceased. In spite of all efforts the deceased failed to satisfy Gulab Lashari regarding innocence of his son. To avoid retaliation deceased shifted to Qasimpur. Or. fateful day deceased alongwith witness Sher Muhammad went to village Hajipur to shift his household articles. It was about Peshiwela time when they reached near land of Bashir…

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