Law:

Section:

Penal Code (XLV of 1860)------S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---F.I.R. was recorded by the deceased himself while being in an injured condition, which was treated as his dying declaration---Minor dispute between the parties had culminated into the occurrence---Ocular testimony was corroborated by medical evidence---Dying declaration of the deceased was also corroborated by the Police Officer who had recorded his statement in the Hospital---Presence of eye-witnesses at the site at the relevant time had been established and their relationship with the deceased alone did not render them as interested and partisan witnesses---Ocular account of incident had no inherent defect or material lacuna---Concurrent findings of the Courts below did not suffer from any illegal infirmity warranting interference by the Supreme Court---Leave to appeal was refused to accused accordingly. JUDGMENT ABDUL HAMEED DOGAR, J.---Petitioner Muhammad Rafiq, seeks leave to appeal against the judgment dated 5-4-2004 of the learned Single Judge in Chambers of the Lahore High Court, Rawalpindi Bench, whereby Criminal Appeal No.192 of 2003 filed by him was dismissed and his conviction under section 302(b), P.P.C. and sentence of imprisonment for life as Tazir with payment of fine of Rs.50,000 as compensation to the legal heirs of the deceased under section 544-A, Cr.P.C. or in default thereof to further undergo six months' S.I, awarded by the learned Sessions Judge, Jhelum were maintained. However, benefit of section 382-B, Cr.P.C. was extended to him. 2. Precisely, stated, the facts giving rise to the filing of instant petition are that on 17-6-2002 at about 7-00 p.m. when Adalat Khan deceased was returning his cattle towards the village and when he reached in the land of one Muhammad Hussain, petitioner asked him as to why he was not properly supervising the cattle and also abused the deceased. The deceased, also retaliated in the same manner, whereupon the petitioner inflicted three hatchet blows from its backside, to the deceased on different parts of the body. P.Ws. namely, Muhammad Rafiq and Muhammad Bilal got attracted at the spot and witnessed the same.…

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