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Penal Code (XLV of 1860)--Ss. 302(c) & 337-F(ii)---Constitution of Pakistan (1973), Art. 185(3)--­High Court while deciding the matter had kept in view the pros and cons of the case and its appeared to be just, fair and proper which had been passed in line with the principles laid down by Supreme Court to ensure fair administration of justice---Occurrence had taken place at the spur of the moment without premeditation---No case for interference by Supreme Court was made out---Leave to appeal was declined in both the petitions in circumstances. Mian Qurban Sadiq Ikram, Senior Advocate Supreme Court with Tanvir Ahmad, Advocate-on-Record for Petitioner (in Criminal Petition No.388-L of 1998). Ch. Muhammad Saeed, Advocate Supreme Court with Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioners (in Criminal Petition No.467-L of 1998). Nemo for the State (in Criminal Petition No. 467-L of 1998). Date of hearing: 23rd December, 1999, JUDGMENT RAJA AFRASIAB KHAN, J.---On 21-1-1992, a case under section 302/34, P.P.C. was registered with 'Police Station City Kamoke, District Gujranwala on the statement` of Muhammad Ramzan, against Maqbool Ahmad, Saber, Babar (sons of Abdul Ghafoor) and Nazakat alias Pappu for the murder of Muhammad Idrees. On account of previous dispute between the parties, the accused while armed, committed the murder referred to above in execution of their common intention. Maqbool Ahmad and Saber were alleged to possess Chhuris P-4 and P-5 which were recovered from them. These recoveries were witnessed by Zakaullah P.W.5, Muhammad Sarwar (given up) and Farman Ali, S.I. P.W.10. The occurrence was witnessed by Muhammad Ramzan P.W.8, Muhammad Naeem P.W.9, the brothers of the deceased and Muhammad Rafiq, cousin of the deceased (given up). Motive was that Muhammad Idrees deceased and Maqbool Ahmad accused had quarreled over a money transaction but the matter was pacified on intervention of the elders. The prosecution, in order to prove its case, produced Masood Ahmad Bhatti P. W.1, Muhammad Nasar P. W.2, Tajammal Hussain P.W.3, Abdur Razzaq P.W.4, Zakaullah P.W.5, Dr. Ali Muhammad P.W.6, Qutab Din ~P.W.7, Muhammad Ramzan P.W.8, Muhammad Naeem…

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