Law:

Section:

(a) Penal Code (XLV of 18611)------S.302/34---Constiluliori of Pakistan (1973), Art.l85(3)---Petition against acquittal---No corroborative evidence was forthcoming---High Court, held, rightly acquitted the accused---Leave to appeal dismissed. (b) Penal Code (XLV of 19601)--- ---S.302/34---Constitution of Pakistan (1973), Art.185(3) --- Sentence --- Accused had no direct motive to kill deceased---Possibility that accused might had acted under the influence of his elder brother, could not he ruled out---Reason given by High Court in awarding lesser punishment was in accordance with law---Leave to appeal dismissed. (c) Penal Code (XLV of 186(1)--- ---S-302/34---Constitution of Pakistan (1973), Art.185(3)---No error of law or misreading of evidence was pointed out which could result in miscarriage of justice---Re-appraisal of evidence being not possible, petitions for leave to appeal were dismissed. JUDGMENT GHULAM MUJADDID, J.--Judgment of the Lahore High Court dated 27-4-1986 has been challenged by means of two separate petitions for leave to appeal. Muhammad Mushtaq has prayed for enhancement of sentence of Muhammad Arif and has challenged the acquittal of Basharat Ali and Mushtaq Ahmad son of Hayat Mohammad whereas in the other petition (Cr.P. 297/86) Muhammad Arif wants the impugned judgment to be set aside and he be acquitted. Four persons, namely, Mohammad Arif, Mushtaq Ahmad, Basharat Ali and Mohammad Sadiq were tried by the Additional Sessions Judge, Lahore, for the murder of Ibrahim alias Kala. The trial Court, by judgment dated 8-12-1983, acquitted Mohammad Sadiq. The rest were convicted under section 302/34, P.P.C. and sentenced as under:- Muhammad Arif Sentenced to death and fine of Rs. 10,000 each, Basharat Ali or in default one year R.I. each. Mushtaq Ahmed-- Imprisonment for life and fine of Rs. 10,000, or in default one year R.I. All the three were also directed to pay Rs.10,000 each as compensation to the legal heirs of the deceased, or in default, six months' S.I. each- On appeal, the High Court acquitted Basharat Ali and Mustaq Ahmad. Muhammad Arifs conviction was maintained under section 302, P.P.C.; his sentence of death was commuted to…

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