Law:

Section:

Penal Code (XLV of 1860)----S.302---Constitution of Pakistan (1973), Art.185(3)---Trial Court as well as High Court had discussed evidence available on the file in its true perspective--­Accused was found to have been rightly convicted---Petition for leave to appeal was consequently dismissed. OPINION OF FIRST JUDGE ABDUL QADEER CHAUDHRY, J.--The appellant Razzaq was convicted under section 302, P.P.C. by the Additional Sessions Judge. Attock, and sentenced to death and a fine of Rs.20,000 or in default thereof, to suffer 2 years' R. I. 1t was directed that if the fine is recovered, the same shall be paid to the legal heirs of the deceased as compensati6n. 2. The convict filed an appeal before the High Court and the matter was also placed before it for confirmation of sentence. The learned High Court dismissed the appeal but reduced the sentence to life imprisonment. The sentence of fine was, however, maintained. He has now sent this petition from jail. 3. The report of the incident was lodged by Muhammad Arshad (P.W.8) wherein he stated that on the day of incident he was present at the Railway platform Jhalar. The deceased was also present there and an iron wrench and the leather bag were lying near the deceased Muzaffar Iqbal. The appellant came there and abused the deceased. He picked up the iron wrench and attacked Muzaffar Iqbal. The accused also threatened to take revenge for the complaint which Muzaffar Iqbal had made against him to the higher-authorities. Ghulam Razzaq was a gangman under Muzaffar Iqbal. The appellant gave blows of iron wrench on the face and head of Muzaffar Iqbal who fell down. The complainant and Muhammad Khan (P.W.) rushed to the scene of occurrence. The accused ran away and took away the iron wrench with him. The complainant and Muhammad Khan took Muzaffar Iqbal in the rail-car and brought him to the Railway Station Attock. Muzaffar Iqbal died of the injuries. Muhammad Arshad went to the Police Station and lodged the report which was recorded by Muhammad Aslam, Sub-Inspector/SHO, Railway Police Station, Attock. After usual investigation, the case was sent up to the Court of the Session for the offence under section 302, P.P.C. At…

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