Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to accused to consider propriety of his sentence of death confirmed by High Court in circumstances of the case. (b) Penal Code (XLV of 1860)--- ----S. 302---Sentence---Complainant party including the deceased had started cutting the disputed trees before the decision of the Arbitrator who had been appointed by the Tehsildar for settlement of dispute between the parties---Such fact by itself was sufficient to provoke the accused---Sentence of death of accused was reduced to imprisonment for life in circumstances. JUDGMENT SH. IJAZ NISAR, J.---The facts, in brief, are that on 15-8-1989, at 11-15 a.m. a case under section 302, P.P.C. was registered at Police Station Bhalwal, District Sargodha, at the behest of Muhammad Ali P.W.8. father of the deceased, against Haider Shah appellant and his co-accused, namely, Ghulam Abbas, Ghulam Shabbir, Hubdar Shah and Zafar Hussain Shah (since acquitted) for the murder of Muhammad Ashraf deceased. At 10-00 a.m. on the .day of occurrence Muhammad All complainant accompanied by Muhammad Ashraf deceased, Nasar Hussain P.W.9 and Manzar Hussain P.W. (given up), while engaged in cutting Sheesham trees growing on the ridge of Killa No.8, Square No. 146, Nabi Shah Bala adjoining the appellant's orchard, were confronted by Haider Shah appellant armed with a 7 MM rifle alongwith Ghulam Shabbir, Hubdar Shah armed with .12 bore guns and Ghulam Abbas armed with a stick. Responding to Ghulam Abbas's Lalkara to teach them a lesson for cutting Sheesham trees regarding which a suit was pending before Tehsildar Bhalwal. Haider Shah appellant fired a rifle shot at Muhammad Ashraf deceased which landed above his right hip, as a consequence whereof he collapsed, whereafter the assailants managed to escape. Muhammad Ashraf was removed to the hospital where he succumbed to the injuries. 2. The learned…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492