Law:

Section:

Penal Code (XLV of 1860)-- ----Ss. 302/34 & 324/34---Explosive Substances Act (XI of 1908), Ss. 3 & 5---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to the accused to appraise the entire evidence and to see whether in Courts below had followed the law laid down by the Supreme Court for the safe administration of criminal justice. ORDER ABDUL HAMEED DOGAR, J.---Through this common order, we propose to dispose of the above two petitions which are directed against two separate judgments dated 23-10-2001 passed by the Lahore High Court in Criminal Appeals. Nos.422 and 423 of 1994 whereby the same were dismissed and the conviction and sentence recorded by the trial Court were maintained. The petitioners seek leave to appeal. 2. Brief facts of the case are that on 15-6-1992 at about 5-30 a.m. complainant Sher Muhammad alongwith his nephew/son-in-law Maulana Mukhtar Ahmad Sial, Lal Khan and Muhammad Safdar were sitting outside the house of Maulana Mukhtar Ahmad Sial when two persons riding a motorcycle without number plates armed with kalashnikovs, whose names later on transpired as Muhammad Ishaq and Liaqat Hussain (petitioners herein), came there. Both of them alighted from the motorcycle and simultaneously started firing at Maqlana Mukhtar Ahmad Sial hitting him on his head, both ears, below left eye and chest, who died at the spot. After hearing the firing people from the surroundings which included men, women and children came out and they tried to catch hold of them. Petitioners threw hand-grenades upon those people and due to which Muhammad Afzal, Muhammad Safdar, Waris, Qaisar, Baqir; Iqbal, Muhammad Yousaf, Abdul Shakoor, Nasir, Mst. Haleema Bibi, Mst. Fatima, Mst. Firdous and Mst. Ruqqiya were injured. Due to pelting of stones by the people the petitioners also fell down and were apprehended alongwith the fire-arms and motor­cycle. The motive for the occurrence, as alleged, was that Maulana Mukhtar Ahmad Sial used to project the lives of Sahaba-e-Karaam and also used to say that he would reply Shias for raising any slogans against Sahaba-e-Karaam and allegedly due to this, Shias were grieved. Injured…

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