Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)-------S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Presence of eye-witnesses at the site was established and their evidence did not suffer from any inherent defect or material lacuna, which was cogent and convincing---Acquitted accused being empty-handed at the time of incident had rightly been extended the benefit of doubt by the Trial Court and his case was not at par with that of the present accused who was proved to have fired at the deceased---High Court had already taken a lenient view by reducing the sentence of accused from death to imprisonment for life---No illegality or irregularity could be pointed out in the impugned warranting interference by Supreme Court---Leave to appeal was refused too accused accordingly. THIS JUDGMENT DELIVERED BY: ABDUL HAMEED DOGAR, JUSTICE:---.--- Petitioner seeks leave to appeal against the judgment, dated 17-1-2005 of a learned Division Bench of Lahore High Court, Lahore whereby Criminal Appeal No.187 of 2000 filed by him was dismissed and sentence of death awarded by the trial Court was confirmed. 2. Briefly, stated the facts of the case are that on 10-9-1997 at about 7-00 a.m. complainant Suba along with his brother Muhammad Aslam was going to their Dhari from their house. When they reached at some distance from the village Abadi, acquitted accused Nasir Ali crossed them and he went ahead of them. Petitioner Muhammad Iqbal was sitting in a maiz crop. As soon as complainant reached there Nasir Ali acquitted accused informed Muhammad Iqbal about their presence whereupon petitioner suddenly came out of the crop and raised Lalkara. He fired with his .12 bore gun which hit Muhammad Aslam on his right thigh who fell down. He raised alarm whereupon Zafar and Mansabdar got attracted and witnessed the incident. The petitioner and acquitted accused Nasir ran away from the spot. Muhammad Aslam succumbed to the injuries while shifting to the hospital. Complainant lodged the report at Police Station Bhowana, District Jhang. 3. The motive behind the occurrence was an old enmity between the petitioner and the complainant party. 4. On conclusion of investigation, petitioner was sent up to face…

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