Law:

Section:

Penal Code (XLV of 1860)-------S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Sentence---Age of accused---Private revenge---Not mitigating circumstances---Death sentence, propriety of---Delay in petition for leave to appeal which was barred by 214 days, was condoned in view of the sentence of death awarded to the accused---Ages of 22 years and 27 years of the accused hardly constituted a mitigating circumstance in their favour---Accused in taking revenge of murder had killed two persons and injured two others and private revenge also was not a mitigating circumstance---Leave to appeal was declined to accused accordingly. JUDGMENT SH. RIAZ AHMED, J.---This petition is directed against the judgment and order dated 29-9-1999, delivered by Lahore High Court, Multan Bench, whereby the appeal preferred by the petitioners, assailing their conviction of death and the sentences awarded by learned trial Judge, was dismissed. 2 Prosecution case in brief as unfolded in the statement of Ghulam Abbas made in the F.I.R: is that on the fateful day at 8-00 a.m., the deceased Muhammad Yousaf and Muhammad Arif, both real brothers, along with Muhammad Hayat, another real brother, their maternal uncle Imam Bakhsh and paternal uncle Noor Muhammad had proceeded to the Court of Additional Sessions Judge, Khanewal, to attend the proceedings of the case in connection with murder of Muhammad Yousaf in which the deceased and others were accused. According to prosecution case, the complainant side sat on the Odor in front of the Court. Soon thereafter, Raza Hussain, Muhammad Sharif, petitioners and Nasir Hussain, absconder, also reached there and sat near the complainant side. After a few minutes, Raza Hussain brought out Carbine and fired at Muhammad Yousaf hitting his neck. Muhammad Sharif also brought out pistol and fired hitting Muhammad Yousaf at his chest. Nasir Hussain, absconder, allegedly inflicted dagger blow on right side of chest. of Muhammad Arif. Meanwhile, Raza Hussain, by another shot, hit Muhammad Arif. Petitioner Muhammad Sharif fired 3rd shot hitting Muhammad Hayat. Nasir Hussain inflicted dagger blow on the waist of Imam Bakhsh. Raza Hussain fired another…

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