Law:

Section:

Penal Code (XLV of 1860)-----S.302---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal---Motive as alleged m E.1.R. vas wrongful possession of land of deceased by accused who enmity with prosecution witnesses by producing documentary given any finding on the said motive---Accused while medical evidence showed a number of injuries sustained by each deceased lending support to defence version that deceased were fired at by more than one person who were dacoits---These ,aspects amongst others, held, required consideration---Leave to appeal was granted in circumstances. ORDER NAIMUDDIN, J.--By this petition through jail, the petitioner seeks leave to appeal against the judgment of the Lahore High Court dated 5-5-1986 whereby his appeal against his conviction and sentence of death with fine under section 302, P.P.C was dismissed and the death sentence was confirmed upon a reference made by the Additional Sessions Judge, Mianwali under section 374, Cr.P.C. 2. The brief facts, relevant for the purpose of this petition according to the F.I.R. are that the petitioner fired first shot at Zahir Shah (deceased) on the left side of his head, second shot at Gulband Khan (deceased) on the left side of his chest which came out from the right side of his flank and third shot at Abdul Baqi Shah (deceased) below his right shoulder while they had come to his house for thanks giving and prayers after having their meals at the house of one Nausher Din. The occurrence was witnessed besides Muhammad Khan (PW 9) by Nawab Khan (PW.10) and Abdul Manan (not produced). However, no crime empty was picked up from the spot. Subsequently at the instance of the petitioner a .12 bore gun EX.P.1 was recovered alongwith 18 five cartridges (Exh.P.2/1-18) and 7 empties (Exh.P.3/1-7) as well as bandolier (Exh.P.4), which were taken into possession vide Memo. Exh.P.L. dated 6-12-1979. 3. The petitioner, in his statement before the trial Court, denied to have participated in the occurrence. He disowned the recoveries and claimed that he had been falsely implicated due to enmity. He stated that Abdul Baqi Shah deceased was his Pir and he (petitioner) was in his service who had collected a…

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