Law:

Section:

Penal Code (XLV of 1860)--Ss. 302(b)/149, 324/149 & 148---Constitution of Pakistan (1973), Art. 185(3)---Contentions were that the testimony of the Deputy Superintendent of Police examined as Court witness declaring the accused innocent had not been considered in its correct perspective; that the order of the Magistrate discharging the accused had been set aside without hearing them and recording any evidence; that ocular testimony found confidence inspiring in respect of the acquitted co­accused could not be made basis for conviction of accused in absence of trustworthy and reliable supporting evidence particularly when the eye-witnesses were interested witnesses and that glaring conflict in medical evidence and ocular evidence had been discarded without any valid reason---Leave to appeal was granted to consider the impact of the contentions on the merits of the case. Ijaz Hussain Buttar, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioners. Nemo for the State. Date of hearing: 13th November, 1997. ORDER ABDUR REHMAN KHAN, J.---Petitioners seek leave to appeal against the judgment dated 3-11-1996 delivered by a learned Division Bench of Lahore High Court, in appeal filed by petitioners against their conviction and sentence. 2. Out of the petitioners Muhammad Altaf, Farooq Altaf and Mujahid Nawaz have been awarded death sentence on one count while imprisonment for life on another count under sections 302(b) and 149, P.P.C. They also were convicted and sentenced under sections 324/149 and 148, P.P.C and have been ordered to suffer various types of imprisonment and to pay compensation. Humayun Altaf, Niaz Ahmad, Muhammad Hussain and Hakim Ali, who are petitioners Nos.4 to 7, have been convicted and sentenced under section 302(b), P.P.C to imprisonment for life etc. and also under sections 324/149 and 148, P.P.C to various terms of imprisonment. The following grounds are stressed for leave to appeal:-- (a) The testimony of C.W.1 Mian Altaf Ahmad, DSP, declaring Muhammad Altaf, Said Muhammad, Farooq Altaf and Niaz Ahmad as not…

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