Law:

Section:

(a) Penal Code (XLV of 1860)-------S.302/34---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to accused by Supreme Court for reappraisal of evidence. (b) Penal Code (XLV of 1860)--- ----S.302/34---Appraisal of evidence---Testimony of the complainant and other eye-witness inspired confidence---Prosecution evidence on the points of time, date and place of occurrence was consistent---No dents were created in the testimony of the prosecution witnesses---Dying declaration of the deceased was corroborated by the ocular testimony and the medical evidence indicating fourteen injuries on his person---Five co-accused had been acquitted for the reason that even the prosecuting agency was doubtful about their involvement in the crime---Findings recorded by Trial Court and affirmed by High Court were in accordance with the evidence available on record and not open to any exception---Appeals were dismissed accordingly. Muhammad Afzal Wahla, Advocate Supreme Court for Appellant (in Criminal Appeal No.231 of 2002). M. Zaman Bhatti, Advocate Supreme Court for Appellants (in Criminal Appeal No.232 of 2002). Ainul Haq, Advocate Supreme Court for Respondent. Date of hearing: 1st October, 2003. JUDGMENT NAZIM HUSSAIN SIDDIQUI, J.---This judgment will dispose of Criminal Appeals Nos. 231 and 232 of 2002 in which common questions of facts and law are involved and the same are directed against the judgment, dated 10-10-2001 of a learned Judge in Chambers, Lahore High Court, whereby Criminal Appeals Nos.1022 and 1215 of 1999, challenging the judgment, dated 28-9-1999 of learned Additional Sessions Judge, Faisalabad, convicting Ibrar Hussain, Ashiq Hussain, Mukhtar Ahmed and Nazar Hussain appellants under sections 302/34, P.P.C. and sentencing them to suffer punishment for 25 years R.I. each and also to pay fine of Rs.25,000 each, which if realized was to be paid to the legal heirs of Muhammad Arif deceased with benefit of section 382-B, Cr.P.C. were dismissed. (2). The occurrence took place on 21-7-1994 at 6-00 a.m. in Killa No.15, Square No.70, situated within the jurisdiction of Police Station, Thekriwala. F.I.R. No.281 was lodged by Muhammad Anwar, the…

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