Law:

Section:

Penal Code (XLV of 1860)---Ss.395/396/149/148---Anti-Terrorism Act (XXVIII of 1997), S.7--­Constitution of Pakistan (1973), Art. 185(3)---Prosecution witnesses had the advantage of light emitting from the beams of two cars in which the accused could have been easily identified---Identification parade had been properly held after taking all the necessary precautions and observing due formalities and the same did not suffer from any defect---Prosecution version was supported by the positive reports of the Chemical Examiners, Serologist and Forensic Science Laboratory---Ocular version was also corroborated by circumstantial evidence---High Court after considering all aspects of the case and pleas raised by the defence had convicted the accused---Impugned was well-reasoned and was based on the principles laid down by Supreme Court for safe administration of criminal justice---Leave to appeal was refused in circumstances. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---By this common judgment we intend to dispose of the above two petitions for leave to appeal, arising out of the same judgment, dated 22-1-2001, passed by the Lahore High Court, Lahore, in Criminal Appeal No.951 of 1998. 2. Briefly stated the story of the prosecution is that Abdul Hamid lodged an F.I.R. alleging therein that on the night of 27-3-1998 he alongwith Jamil Rabbani, OSD, and Haji Aman-ul-Haq, Security Supervisor, Qand Ghar Sugar Mills, was going in Jeep No.8388/IDF, driven by Muhammad Rafiq son of Rahim Bakhsh. At about 1-45 a.m. when they reached near Chak No.67/RB, all of a sudden, five persons armed with fire-arms emerged from the wheat crop grown on either side of the road, the assailants blocked the road with a log of wood in order to stop their vehicle. Muhammad Rafiq driver continued driving by taking the jeep from the side of the road, whereupon one accused who was armed with a rifle fired which pierced the front screen of the jeep and hit Muhammad Rafiq on his head which resulted in the stoppage of the jeep. Thereafter, the accused persons fled away in Car No.2406-IDE Suzuki Khyber and Car. No.2500.DNA Toyota Corolla. Muhammad Rafiq succumbed to his injuries at the spot. In the meanwhile,…

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