Law:

Section:

Penal Code (XLV of 1860)---S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Sentence--¬Accused and the deceased were living in the same area quite adjacent to each other---Although the motive as set up by the prosecution was not proved on record, yet similarly the accused did not produce any evidence regarding the disrespectful utterances allegedly made by the deceased against the Holy Prophet (P.B.U.H.)---Accused had also stated that the deceased had repeated -the same utterances, but nobody had come forward to substantiate this statement---Prosecution had,- thus, established the case against the accused---High Court had given weighty reasons for maintaining the sentence awarded to the accused by the Trial Court---No illegality or legal infirmity could be pointed out in the impugned s warranting interference by Supreme Court---Leave to appeal was refused accordingly. ORDER TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment dated 12-7-2002 of the learned Single Judge of the Lahore High Court, Lahore, whereby Criminal. Appeal No.419 of 2001 filed by the petitioner against his conviction and sentence recorded by the learned Additional Sessions Judge, Sialkot, through his judgment dated 10-2-2001 was dismissed. The facts briefly stated are that F.I.R. No :552 was got, recorded on 4-11-1998 by one Muhammad Afzal (P.W.4) at Police Station Hajipura, Sialkot, under section 302, P.P.C. for the murder of his brother Muhammad Amjad. It was the case of the complainant that he alongwith his brother Muhammad Amjad were living in Pakka Garha in separate houses. The petitioner, who was running a private school, was also putting up in a house adjacent to that of Muhammad Amjad. A day earlier to the occurrence i.e. 3-11-1998 at about 6-00/7-00 p.m. there was a dispute between Muhammad Amjad and the petitioner qua throwing of rubbish in front of the shop of the former. Abuses were exchanged between the parties. However, the matter was patched up due to intervention of the people of the locality. The complainant also stated that the petitioner extended threats of killing Muhammad Amjad, whereupon he reported the matter to Tariq Mehmood, a Councilor.…

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