Law:

Section:

Penal Code (XLV of 1860)-----Ss.307/34 & 353/34---Constitution of Pakistan (1973), Art.185(3)---Evidence, reappraisal of---Two Courts below examined evidence thoroughly and found accused guilty and sentenced him accordingly---Re-appraisal of evidence was not to be done by Supreme Court at leave to appeal stage---Accused could only succeed in obtaining leave if the counsel would have pointed out any error of law or mistake whereby some evidence had either been misread or not read---Such was not the position in the case---Petition for leave to appeal dismissed. ORDER GHULAM MUJADDID, J.--On the report of Muhammad Nawaz, Sub­-Engineer Irrigation Department, a case under section 307/353/34, P.P.C. was registered at Police Station Sillanwali District Sargodha, against Shabbar Hayat, Shaukat Hayat and Muhammad Amir pertaining to an incident which took place on 5-11-1986 at 10.1.5 a.m. in the area of Chak No.137-NB, Sobhaga, two miles from the Police Station, Sillanwali. The first informant received five shots in the right leg. He miraculously survived. The motive for the attack was that Muhammad Nawaz was alleged to have made complaints against the accused pertaining to illegal irrigation of their land. He was threatened by the accused and was told that he would be killed. On the day of occurrence Muhammad Nawaz was travelling in a public wagon on his way to Shah Jiwana. It was 10.15 a.m. The wagon reached near Sobhaga, Shabbar Hayat, Shaukat Hayat and another person approached him. He was asked to get down from the wagon. Shabbar Hayat fired. He told Muhammad Nawaz that in case he reported the matter to the police he would be done to death. Shaukat Hayat and Shabbar Hayat were carrying double barrel guns; their companion had a rifle. A Sub-Engineer by the name of Amar Sohail, Gaman of Chak No.151, Muhammad Khan son of Mehr Khan saw the occurrence. The accused were tried by the Punjab Special Court for Speedv Trials, Sargodha. All were convicted and sentenced as under:-…

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