Law:

Section:

Penal Code (XLV of 1860)--Ss.302, 337-A(i) & 337-F(i)---Constitution of Pakistan (1973), Art. 185(3)---Contentions were that prosecution evidence having been discarded by the Courts below in acquitting the co-accused, the same could not be pressed into service to record conviction and sentence against the accused; that the prosecution witnesses were interested and closely related to the deceased; that prosecution had failed to produce any evidence to corroborate its case; that motive as mentioned in the F.I.R. was shrouded in mystery; that the case was of single injury which was not repeated by the accused; that the occurrence was not preplanned or premeditated and that the recovery of the weapon of offence was not established beyond reasonable doubt---Leave to appeal was granted by Supreme Court to consider inter alia the said contentions to ensure fair administration of justice. Raja Muhammad Anwar, Senior Advocate Supreme Court for Petitioner. Nemo for the State. Date of hearing: 5th July, 1999. ORDER RAJA AFRASIAB KHAN, J.---On 12-1-1994 at 9-45. a.m., a case under section 302/34/324/337-F/452/337-A, P.P.C., was registered on the statement of Malik Illahi Bakhsh with Police Station Jalilabad, District Multan, against Shaukat Abbas alias Kaka, Jaffer Hussain and Sadiq Hussain sons of Hassan Bakhsh for the murder of Khadim Hussain and causing injuries to Islam Baig and Shehzad Ahmad. Malik Illahi Bakhsh had been living in a house which he got on rent from Ahl-e-Teshee Committee. The said house was gifted to Imam Bargah by Hassan Bakhsh, the father of the accused. The accused wanted to get back the house. Khadim Hussain and Islam Baig had, therefore, obtained stay order from the Civil Court. Jaffar Hussain, etc. had a grievance and as such, they locked the house on the evening of 5-1-1994. On 12-1-1994 at 9-15 p.m., the complainant, his brother Khadim Hussain, Islam Baig, alongwith Shahzad, Bashir Ahmad and Muhammad Ramzan were going together to attend their case in the Civil Court. When they reached in front of the house of Khadim Hussain, all of a sudden, Jaffar Hussain armed with iron pipe, Shaukat Abbas alias Kaka armed with scissors and Sadiq Hussain…

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