Law:

Section:

Penal Code (XLV of 1860)------S.302---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal--­Contentions that co-accused having been acquitted present accused was also entitled to same treatment and that conviction under S.302, P.P.C. was not legal and proper, were found having no force---High Court had examined entire evidence especially that of eye-witnesses which was believed---Case of present accused was distinguishable from acquitted accused---Conviction and sentence of accused was in no way illegal as fatal blow was attributed to him---Mere fact that accused did not repeat the blow would not diminish his criminal liability so as to alter his conviction and reduce sentence---Leave to appeal was refused in circumstances. JUDGMENT GHULAM MUJADDID, J.--Muhammad Ali seeks leave to appeal against the judgment of the Lahore High Court Bahawalpur Bench dated 23-5-1988. Muhammad Ali and co-accused Bashir Ahmad were tried for the murder of their real brother Muhammad Akbar. The trial Court, by judgment dated 15-12-1985 held Muhammad Ali guilty. He was sentenced to imprisonment for life and fine of Rs.10,000 or in default three years R.I. Bashir Ahmad was acquitted. Muhammad Ali appealed to the Lahore High Court. The State filed appeal against…

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