Law:

Section:

(a) Penal Code (XLV of 1860)--Ss. 302/34 & 307/34---Occurrence had taken place in broad daylight and there being no previous enmity and the report having been promptly lodged by the complainant, there was no possibility of false implication or substitution of the real culprits---Stamp of injury found on the person of eye-witness had established beyond doubt his presence at the spot and his having witnessed the occurrence---Acquittal of co-accused charged in the F.I.R. was because of extra precaution in administration of justice by extending benefit of doubt in their case on sound and cogent reasons after differentiating their case from that of the accused---No specific injury having been attributed to the accused resulting in the murder of the deceased and on its finding that they did share common intention, High Court had rightly reduced their sentence of death to imprisonment for life. (b) Penal Code (XLV of 1860)--- ----S. 320/34---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to accused to consider whether his case stood on a different footing than that of his two co-accused whose sentence of death had been reduced to imprisonment for life and High Court was correct in maintaining his sentence of death. Iltaf Elahi Sheikh, Advocate Supreme Court for Petitioners. Nemo for the State. Date of hearing: 15th January, 1996 ORDER FAZAL ILAHI KHAN, J.---In this jail petition leave to appeal is prayed for against the judgment of the learned Lahore High . Court, Lahore, dated 11-8-1992 passed in Criminal Appeal No. 29 of 1990 and Murder Reference No. 82 of 1990. 2. The accused/petitioners alongwith acquitted co-accused were tried under section 302/307/148/149, P.P.C. for the murder of Muhammad Iqbal and murderous assault on Wakeel Khan (P.W. 8), Ghulam Mohyud Din (P.W.9) and Agar Khan P.W. (who died during the trial) and per judgment dated 19-3-1990 Shah Nawaz, Haq Nawaz and Muhammad Iqbal petitioners/accused were found guilty and convicted under section 302/34, P.P.C. All the three petitioners/accused were sentenced to death and fine of Rs.20,000. In default to undergo 2 years' R.I. each. They were further convicted and sentenced to 7…

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