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1999 SCMR 2256 [Supreme Court of Pakistan] Present: Ajmal Mian, C.J., Munawar Ahmed Mirza and Ch. Muhammad Arif, JJ ASAD ULLAH KHAN---Petitioner versus BAKHTIAR AHMED and others---Respondents Criminal Petition No.412 of 1997, decided on 5th January, 1999. (On appeal from the , dated 24-9-1997, passed by the Lahore High Court, Lahore in Criminal Revision No.472 of 1991). Penal Code (XLV of 1860)--Ss.302 & 307---Constitution of Pakistan (1973). Art.185 (3)---High Court had rightly not interfered with the acquittal of two accused by Trial Court on correct appreciation of evidence on record---Occurrence having taken place without prior concert, each one of the accused deserved to be punished for his own act---Withholding of the information regarding the origin of the occurrence by the prosecution had been duly noticed by High Court and alteration of sentences of death to imprisonment for life by it had proceeded on correct appreciation of the material available on the file---Leave to appeal was refused by Supreme Court accordingly. Asghar Ali, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 5th January, 1999. JUDGMENT Ch. MUHAMMAD ARIF, J.---Asad Ullah Khan-complainant in this murder case has sought leave to appeal against the , dated 24-9-1997 of the Lahore High Court, Lahore passed in Criminal Revision No.472 of 1991 titled Asad Ullah Khan v. Bakhtiar Ahmed and 5 others decided alongwith Criminal Appeal No.829 of 1991, titled Ikram-ul-Haq and another v. The State, Criminal Appeal No.832 of 1991 titled Altaf Hussain v. The State and Murder Reference No.430 of 1991 vide its , dated 15-8-1991. 2. Brief facts leading to the present petition are that the occurrence in this case took place on 29-5-1987 at about 4.00 p.m. in the house of Arshad father of accused-Bakhtiar Ahmed within the Abadi of village Raja Jang District Kasur. Asad Ullah Khan lodged a report Exh. P.J. at 5.00 p.m. in Police Post Raja Jang to Muhammad Haroon A.S. 1. (P.W.16) who, after reducing the same into writing, despatched it for registration of formal .F.I.R. at Police Station Mustafaabad, Kasur and the F.I.R. was…

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