Law:

Section:

Penal Code (XLV of 1860)----S.302/34---Constitution of Pakistan (1973), Art. 185(3)---F.I.R. had been recorded with promptitude with specific roles attributing to the accused---Ocular account had been furnished by both the injured witnesses who were natural witnesses and their presence at the place of incident could not be doubted as the occurrence had taken place in front of the main gate of the house of the complainant---Unimpeachable ocular testimony was supported by medical evidence, recovery of incriminating weapon from the accused and motive---Leave to appeal was refused to accused by Supreme Court in circumstances. JUDGMENT TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment dated 11-1-2001 passed by a learned Division Bench of the Lahore High Court, Lahore, whereby while dismissing Criminal Appeals Nos.344 of 1996 and 351 of 1996 filed by the petitioners, the sentences of death imposed upon the petitioners by the learned trial Court were maintained. The facts briefly narrated for the disposal of this petition are that F.I.R. No.59 of 1995 was recorded on 15-2-1995 at 9-20 a.m. at the instance of one Talib Hussain (P.W.8) under sections 302/34/148/149, P.P.C. against the present petitioners and their co-accused for causing the murder of his son, Mukhtar Ali, and causing injuries to his another son Mushtaq Ali and to himself as well at 8-00 a.m. on the same day. It was the case of the complainant, who is a cultivator and resident of Chak No.63/J.B., that on the fateful day he alongwith his sons was present in his house when both the petitioners armed with Churris alongwith Ghulam Murtaza alias Pappu armed with a Churri; Muhammad Ali and Hidayat Ali respectively carrying a Hockey and a Sota in furtherance of their common object came to the main gate of his house raising Lalkaras and abusing that Mukhtar Ali be sent out the house as they had come there to teach him a lesson for having insulted them on the previous night. The complainant came out of his house to forbid them. Hidayat Ali and Muhammad Ali co-accused caught hold of him and started giving him fist blows whereupon Mukhtar Ali and Mushtaq Ali both sons of the complainant came…

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