Law:

Section:

Penal Code (XLV of 1860)-------S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Occurrence having taken place in broad-daylight in the street near the residence of the parties, presence of eye-witnesses at the scene of incident was quite natural and doubtless---Eye-witnesses had no enmity or malice against the accused---Ocular testimony was confidence-inspiring, truthful and unimpeachable and was duly supported by medical evidence---Accused had admitted the occurrence giving his own version, which did not indicate even a remote possibility of the happening of the incident in such manner---According to evidence, accused on the instigation of the acquitted accused had fired a shot at the most sensitive part of the body of the deceased which proved fatal---Murder, thus, was neither an accidental one, nor a sudden occurrence to bring the case within the provisions of S.302(c), P.P.C. Leave to appeal was refused to accused in circumstances. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---The petitioner, through the instant jail petition, has sought leave to appeal against the judgment, dated 21-4-2004, passed by Lahore High Court, Lahore, whereby the conviction and sentence of life imprisonment awarded to him by the trial Court under section 302(b), P.P.C. With direction to pay Rs.50,000 to the legal heirs of deceased and in default thereof to suffer S.I. for six months was maintained with grant of benefit of section 382-B, Cr.P.C. and his appeal along with the criminal revision filed by the complainant for enhancement of his sentence, was dismissed. 2. The brief facts of the case in the background, are that on 29-8-2001, at 3 p.m. Muhammad Siddique complainant, along with Khalid Pervez and Liaquat Ali (P.W.7) was present in front of his house when his son, Muhammad Rafique within their sight was caught by Mst. Nasreen in the street in front of her shop and Muhammad Akram, on her call coming out of her house armed with .30 bore pistol, fired a shot at Muhammad Rafique which proved fatal to his life. The motive for the occurrence as stated was that Mst. Nasreen was carrying illicit relation with Muhammad Akram who was living in her house and on the objection of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492