Law:

Section:

Penal Code (XLV of 1810)-­--------S. 302---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal---One eye-witness who was son of one of the deceased had lodged F.I.R., but he disowned the same and version given therein and was declared hostile---Presence of another eye-witness at the spot seemed to be doubtful if motive as alleged was believed---Another eye-witness was of tender age who was related to all the four deceased and his name did not appear in F.I.R.---Question whether testimony of these three eye-witnesses was sufficient to establish murders of four persons by accused particularly when two persons who had apprehended accused alongwith weapon of offence including Lambardar in whose field occurrence took place, were not produced and the other aspects, had made it a fit case for grant of leave in order to see if principle of safe administration of justice had been adhered to in the case---Leave to appeal was thus granted. Date of hearing: 19th August, 1989. ORDER NAIMUDDIN, J.--This is a petition for leave to appeal from jail by Noor Muhammad, who was convicted by the Additional Sessions Judge-V, Sahiwal, under section 302, P.P.C. for committing the murders of Mst. Sharifan, Mst. Hanifan, Mst. Sardaran and lnayat Khan deceased and sentenced to death on four counts and a fine of Rs.2,000 on each count and in default of payment of fine, he was ordered to suffer R.I. for a period of one year on each count. It was further ordered that the fine, if recovered, shall be paid to the heirs of the four deceased. 2. The petitioner preferred an appeal against his conviction and sentence toga the Lahore High Court, Lahore Bench. The reference also came up for consideration alongwith the appeal. The High Court, while dismissing the appeal, confirmed the death sentence passed on the petitioner and also maintained the sentence of fine imposed by the trial Court. 3. The petition is barred by time by 193 days. The petitioner seeks condonation of the delay, which is condoned for the reasons stated in the petition. 4. The prosecution story in brief is that the petitioner asked Muhammad Yar (complainant), his nephew to bring fodder from the field whereupon Mst.…

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