Law:

Section:

Penal Code (XLV of 1860)-------Ss. 325/149, 323/149 & 147---Constitution of Pakistan (1973), Art. 185(3)--­Appreciation of evidence--:Direct evidence furnished by injured and independent witnesses was consistent about actual incident which had been scrutinised by two Courts below who had rightly come to the conclusion that accused had committed the offence---Petition for leave to appeal was dismissed in circumstances. ORDER ABDUL QADEER CHAUDHRY, J.---The petitioners seek leave to appeal against the judgment dated 13-5-1989 of the Lahore High Court, Rawalpindi Bench, whereby the appeal preferred by the petitioners against their conviction and sentence was dismissed. 2. According to the prosecution case, Mohammad Zamir and his brother Mohammad Ajaib deceased had constructed a Kotha in their own land about six months prior to the occurrence. On its eastern side there was Shamilat land which was in possession of Mohammad Roshan and his brother Abbas. A spout was kept on the eastern side of the Kotha. Mohammad Roshan accused and his family objected to the fixing of the spout towards their land. The petitioners alongwith their co-accused Mohammad Roshan came empty handed on the day of occurrence and began to dismantle the spout by their hands. The sound of dismantling was heard by Mohammad Zamir who came out of the Kotha. He objected, whereupon all the five accused made an assault on Muhammad Zamir. Ali Asghar petitioner hurled a stone which hit on the arm of Mohammad Zamir. Imdad felled Zamir on the ground. Thereafter all the accused. pelted stones hitting him at his back. Zamir PW raised alarm. Ajaib deceased also came out of the Kotha. In order to rescue his brother, Ajaib deceased hurled stones towards Asghar hitting him at his leg. Asghar accused shouted that both the brothers should be done away with. Asghar accused hurled a stone on Ajaib deceased which hit him at his temporal region. 1n the meantime Sher Wali P.W. 12 and Aslam P:W. 13 also arrived at the scene of occurrence. Aslam P.W. caught hold of Ajaib accused into his embrace and Sher Wali PW snatched the stones from his hands. On receiving the injuries at his temporal region, Ajaib accused fell on…

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