Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302/324/148/149----Criminal Procedure Code (V of 1898), S.410--­Constitution of Pakistan (1973), Art. 185(3)---,Ocular account of the incident in its material particulars had been stated by prosecution witnesses---Four prosecution witnesses had sustained injuries during occurrence and their presence at the spot was natural and had been fully established---Accused alongwith co-accused had received injuries in the scuffle---Plea of accused that they were not armed with any weapon and the injuries suffered by complainant side, wherein one person lost his life and four witnesses sustained injuries, were caused due to indiscriminate firing made by complainant side, did not stand to reason and was not plausible in the facts and circumstance of the case---Additional Sessions Judge had rightly determined the case to be that of free fight and convicted the accused under S.324, P.P.C.---Appeal filed by accused against his conviction was not pressed by his counsel, which was dismissed by High Court---Petition for leave to appeal, thus, was not maintainable---Supreme Court after perusing entire evidence did not see any reason to interfere with the same---Petition was dismissed and leave to appeal was refused. ORDER TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment dated 19-6-2001 passed by a learned Single Judge of the Lahore High Court, Lahore whereby Criminal Appeal No.209 of 1999 was disposed of to the extent of Ghulam Ali, co-accused, while the same in respect of the petitioner was dismissed on the statement made by his learned counsel. The facts briefly narrated for the disposal of this petition are that F.I.R. No.20 was registered on 30-6-1997 under sections 302/324/148/149, P.P.C. at Police Station Jaura Kalan, District Khushab, at the instance of Noor Muhammad (P.W.9) against the petitioner and others. It was the case of the complainant that the petitioner alongwith his co-accused, armed with lethal weapons, formed an unlawful assembly and with premeditation opened a murderous assault upon the complainant party wherein Ahmed Khan lost his life while Muhammad Khan and Manzoor Hussain P.Ws. sustained injuries.…

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