Law:

Section:

Penal Code (XLV of 1860)--­----S.302/34---Constitution of Pakistan (1973), Art. 185(3)---Acquittal by High Court---Re-appraisal of evidence on the question of fact was sought---Supreme Court, after having considered the submissions in the light of evidence on record and the observations of High Court, did not find case fit for undertaking said exercise---Petition for leave to appeal was consequently dismissed. ORDER ALI HUSSAIN QAZILBASH, J.---In this petition for leave to appeal.;; the order of a learned Division Bench of the Lahore High Court, Rawalpindi Bench, dated 27-2-1989, is impugned. 2. The respondents, namely, Niamat Khan and Abdullah Khan, alongwith Usman Gul and Mian Din, were tried by the Sessions Judge, Attock, under section 302/34, P.P.C. for the murder of Haleem Gul on 26-12-1985 at 4-45 p.m. in the area of village Kani, Police Station Makhad. After the conclusion of the trial, Usman Gul and Mian Din were acquitted, as per judgment dated 17-12-1986, and Niamat Khan and Abdullah Khan were convicted under section 302/34, P.P.C. and sentenced to death and a fine of Rs. 5,000 each or in default to two years'…

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