Law:

Section:

Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to accused to consider whether on the basis of material available on record the Trial Court and the High Court were justified to record and maintain the conviction and sentence of death awarded to him. Miss Hina Jillani, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing: 3rd November, 1997. ORDER AJMAL MIAN, J.---This is a petition for leave to appeal against the judgment, dated' 13-5-1996 passed by a Division Bench of the Lahore High Court in Criminal Appeal No. 1318 of 1992, filed by the petitioner/convict, and Murder Reference No. 131 of 1992 submitted by the learned Additional Sessions Judge, Chunian, District Kasur, dismissing the above Criminal Appeal and accepting the aforesaid Murder Reference by confirming the death sentence awarded to the petitioner. 2. The brief facts are that three murders had taken place, in the present case namely, of Sardar Ali, Ghulam Muhammad and Jan Muhammad, besides injuries were caused to Mst. Zahida Bibi. The prosecution story as disclosed in F.I.R. No.58, dated 5-2-1990 lodged under section 302/452/148/149/109, P.P.C. at the Police Station Kanganpur by P.W. Yar Muhammad was that he was a resident of Basti Dhonan Wali included in Village Mokel, P.S. Kanganpur, and used to cultivate the land. On 5-2-1990 at about 7-30 a.m. his cousin, Sardar Ali son of Bulanda, who was engaged with his daughter, returned to the village after watering the fields. When he reached near the house of Iqbal son of Ibrahim Komar, Sarwar alias Dhola armed with .12 bore gun, Zulfiqai armed with a hatchet, Muhammad Tufail armed with .12 bore gun, Iqbal armed with .12 bore gun, Muhammad Hussain armed with Sota, came there raising Lalkara. On hearing this the complainant Yar Muhammad, Sajawara and Muhammad Tufail also came there. When they reached near the house of Bashir Ahmad son of Feroz Din, Muhammad Hussain caught hold of Sardar Ali from his legs. It was alleged that the present petitioner/convict Muhammad Sarwar fired with his gun which hit Sardar Ali on his neck, his back…

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