Law:

Section:

Penal Code (XLV of 1860)--------------S. 302(b)-Constitution of Pakistan (1973), Art.185(3)---Parties being close relatives and the incident having occurred in broad-daylight, identification of accused could have posed no problem for the eye-witnesses---Presence of the complainant, the three deceased persons and the eye-witnesses at the crime spot was reasonable and believable---Eye¬witnesses had no motive or enmity for false implication of accused in the case of triple murder---Claim of accused that the three deceased had been killed by some proclaimed offenders had been rightly rejected by the Courts below---Crime-empties found at the 'spot were proved to have been fired from the rifle recovered from the accused---Shortly after the murders of the said three deceased, the accused killed the fourth deceased lady in her house---Complainant being the son of the deceased and living with her was the natural witness of this occurrence---Motive for the incident was also brought on record---Rifle recovered from the accused had also matched with the crime-empty secured from the second place of occurrence---Ocular account furnished by the complainant was reliable---Conclusions reached by the Courts below were unexceptionable and did not admit of any interference even on the quantum of punishment---Leave to appeal was refused to accused in both the petitions in circumstances. Syed Ali Hassan Gillani, Advocate Supreme Court for, Petitioner (in Jail Petition No.328 of 2003). M. Zaman Bhatti, Advocate Supreme Court for Petitioner (in Jail Petition No.329 of 2003). Nemo for the State. Date of hearing: 17th February, 2005. JUDGMENT KHALIL-UR-REHMAN RAMDAY, J.---F.I.R. No.223 dated 23-9-1996 of Police Station Saddar Attock recorded at about 3-30 p.m. at the instance of Zahoor Khan complainant accused Ali Khan petitioner of having murdered the complainant's father, namely, Ghulam Elahi and his two cousins, namely, Ghulam Haider and Sahib Khan. After this F.I.R. had been recorded, one Noor Muhammad, another cousin of Zahoor Khan complainant also reached the said police station and reported that the same Ali Khan petitioner had murdered his mother Mst. Banni Begum with respect to…

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