Law:

Section:

Penal Code (XLV of 1860)---S. 302/34---Constitution of Pakistan (1973), Art.185(3)---Trial Court sentenced two accused to death and other two accused to imprisonment for life with fine under section 302/34, P.P.C: ---High Court on appeal confirmed death sentence of one accused, altered death sentence of other accused to life imprisonment and acquitted remaining two accused---Leave to appeal was granted in view of submissions made so as to ensure. the safe administration of Criminal justice. JUDGMENT SHAFIUR RAHMAN, J: --Two petitions have been filed; one (Cr.P. No.9-R of 1988) is by the two convicts Atta Muhammad and Muhammad Akram--one of them sentenced to death and the other to life imprisonment; the other (Cr.P.No.37/88) is by Haji Ghulam Qadir a brother of the deceased Ghulam Rasool, seeking leave to appeal against the same judgment dated -8-3-1987, whereby two of the accused Muhammad Abdullah and Muhammad Azeem were acquitted and the death sentence of Muhammad Akram convict was not confirmed and substituted by a sentence of life imprisonment. 2. The prosecution case at the trial was that the four accused, who happened to be closely related inasmuch as Atta Muhammad, Muhammad Adbullah and Muhammad Azeem are brothers and Muhammad Akram is son of Muhammad Abdullah, had obtained a sum of Rs.22,000 in the course of business from the deceased, the return of which he was asking for. A quarrel had taken place the same day over it. At 1.00 p.m., when Ghulam Rasool happened to be at the shop of Muhammad Aslam, the four accused, three of them armed with fire-arms and Muhammad Akram empty handed, came. Akram picked up a brick and hurled the same towards the deceased hitting him on the head, the others fired. The shot of Atta Muhammad injured Ghulam Rasool who died of the injuries. A report about the occurrence was lodged. Ghulam Qadir claimed to be present and to have seen the occurrence. Aslam was, however, considered to be an independent witness, a natural witness and his testimony intrinsically found to be true. The trial Court held them guilty under section 302/34 P.P.C. and convicted and sentenced Atta Muhammad and Muhammad Akram to death and a fine of Rs.2,000…

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