Law:

Section:

Penal Code (XLV of 1860)---Ss.302(b), 337-A(ii) & 337-A(iii)---Constitution of Pakistan (1973), Art. 185(3)---Occurrence was admitted by the parties---Plea taken by the defence was baseless and did not fit in the circumstances of the case ---Eye­witnesses were natural witnesses of the occurrence---Complainant had no earthly reason to implicate the accused for the murder of his son leaving the actual culprits ---Complainant and the two injured witnesses had stated in their statements in unequivocal terms that it was the accused who had fired with the rifle at the deceased---Ocular testimony was fully corroborated by medical evidence---Leave to appeal vas refused to accused by Supreme Court in circumstances. JUDGMENT TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment, dated 31-10-2001 passed by a learned Single Judge of the Lahore High Court, Lahore, whereby Criminal Appeal No.774 of 1999 filed by the petitioners against their convictions and sentences recorded by the learned Additional Sessions Judge, Hafizabad, in a case arising out of F.I.R. No.50 of 1995, registered at Police Station Kassoke on 30-3-1995 under sections 302/324/337/34, P.P.C., was dismissed. The facts briefly stated for the disposal of this petition are that abovementioned F.I.R. was got recorded at the instance of Allah Ditta (P.W.9) for the murder of his son Fayyaz Ahmed. It was his case that on the fateful day his son Ashfaq Ahmed (P.W.12) parked his trolley on common passage near the garage and tractor in the garage. In the meantime Fayyaz Ahmad, acquitted co-accused, armed with Sota, petitioner Muhammad Khalid aimed with a rifle, and Ijaz Ahmad, acquitted co-accused, armed with a pistol, all sons of Bashir Ahmad, alongwith the latter came there. They chained the trolley with their tractor whereupon Ashfaq Ahmad asked them as to why they were taking their trolley. Bashir Ahmad, co-accused (since dead) and others replied that they had already forbidden- them not to park their trolley there and they would not allow them to pass by that passage„ An altercation ensued and on hearing noise, Fayyaz Ahmad, Riaz Ahmad and Arshad dqbal (complainant's sons) and Sardar…

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