Law:

Section:

Penal Code (XLV of 1869)----S.302/34---Constitution of Pakistan (1973), Art. 185(3)---F.I.R. had been lodged without loss of time within 30 minutes of the occurrence giving active role of the accused of having caused dagger blows on the chest and thigh of the deceased, which was supported by trustworthy ocular testimony and medical evidence ---Co-accused had been acquitted of the charge of murder on benefit of doubt as injuries attributed to him were not supported by medical evidence---Courts below had properly considered the evidence and rightly awarded death sentence to accused for the brutal murder caused by him--­High Court had dismissed the appeal of accused on cogent reasons---No matter of general public importance was involved in the case as contemplated under Article 185(3) of the Constitution---Leave to appeal was refused by Supreme Court to accused in circumstances. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---Petitioner seeks `leave to appeal against the judgment dated 19-7-2001 passed by the Lahore High Court, Lahore in Criminal Appeal No. 742 of 1996 and Murder Reference No.216 of 1996, whereby appeal of petitioner Faiz Ahmed was dismissed and murder reference remitted by the learned trial Court, was affirmed. Brief facts of the case are that Aman Ullah father of Muhammad Sharif deceased lodged the F.I.R. on 30-3-1994 at 10-15 a.m. with Police Station Ahmadpur Sial, District Jhang stating therein that he alongwith his son Muhammad Sharif and his nephew Safdar Javed son of Ghulam Haider was going towards Hospital at Ahmadpur Sial so as to know the health of his brother Ehsanullah at about 10-15 a.m. when they reached near graveyard bus stand, Faiz Ahmad petitioner having dagger, and Zafar Ali armed with knife all of a sudden came from the wheat crop. Faiz Ahmed raised Lalkara that Muhammad Sharif and others will not be spared for getting cases registered against them, whereupon Faiz Ahmad inflicted a dagger blow on the left side of the chest of Muhammad Sharif. He also caused second dagger blow on his right thigh, whereas Zafar Ali caused a knife blow near right eye of Faiz Ahmad. Safdar Javed intervened to rescue them, whereupon Zafar Ali, gave knife…

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