Law:

Section:

Penal Code (XLV of 1860)-----S. 302/34---Constitution of Pakistan (1973), Art. 185 (3)---Leave to appeal--­Eye-witnesses no doubt belonged to a different village and were related to deceased but they had given satisfactory explanations for their presence at scene of occurrence at relevant time---Said witnesses had no enmity with accused and had no reason to have perjured themselves against accused---No foundation was laid for reappraisal of evidence---Leave to appeal was refused in circumstances. ORDER SAAD SAOOD JAN, J.--These are two petitions for special leave to appeal from the judgment of the Lahore High Court; one is by Falak Sher and the other is by his brother, Nawaz. They alongwith their father, Yara, were tried by the Additional Sessions Judge, Sargodha, on two counts under section 302, read with section 34 of Pakistan Penal Code for causing the death of Mst. Zaran and her brother Mohammad. The learned Additional Sessions Judge acquitted their father but convicted them on the said charges. He sentenced Nawaz to death and Falak Sher to imprisonment for life. In addition, he directed them to pay fines. On appeal and reference, the High Court maintained their conviction and sentences and confirmed the sentence of death imposed upon Nawaz. The petitioners now seek leave from this Court. 2. Mst. Zaran was married to Mubari, a brother of Yara. Mubari died whereupon she married' his brother, Sardara. Sardara was unable to cultivate his land on account of old age. Mst. Zaran invited her brother, Mohammad to live with her and look after the land of Sardara and that left by Mubari. This was resented by Yara and his sons as they thought that they were better entitled to cultivate the said land. Consequently, it led to strained relations between the parties. On the day of occurrence, that is, 15-6-1981 her brother Ghulam Ali alongwith his cousins, Hussain and Sardar Ali, and one Natoo visited her house which she shared with Yara in order to patch up the differences between her and their brother-in-law. During the course of talks between the parties, the petitioners and their father abused Mst. Zaran. She replied to them in the same language. Yara and the…

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