Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302/149 & 324/149---Constitution of Pakistan (1973), Art. 185(3)---Claim of accused having caused injuries on the bodies of the four deceased persons and the two injured prosecution witnesses in exercise of their right to defend their property or even their persons being neither supported by the record, nor reasonably believable or even plausible, was rejected---Prosecution had brought 'sufficient evidence on record to establish its case against the accused---Trial Court as also the High Court were fully justified in' finding the accused guilty of the charges levelled against them and the reasons advanced by them in support thereof were not open to any exception---Leave to appeal was refused to accused accordingly. ORDER KHALIL-UR-RAHMAN RAMDAY, J. ---This petition is directed against a judgment dated 11-2-2002 passed by the Lahore High Court in Criminal Appeal No.4 of 1996 and in the connected Murder Reference No.2 of 1996 whereby the conviction and punishments awarded to Taj Muhammad, Allah Ditta, Imtiaz Ali, Abdul Ghani, Zulfiqar and Iqbal by the learned Sessions Judge, Bahawalnagar through his judgment dated 28-12-1995 were confirmed and maintained. 2. One Taj Muhammad, his brother Allah Ditta; three sons of Taj Muhammad, namely, Imtiaz, Abdul Ghani and Zulfiqar and two sons of the said Allah Ditta, namely, Iqbal and Gulzar were accused of the murder of Shan Muhammad and his three sons, namely Ashraf, Akram and Aslam and of committing murderous assault on Muhammad Asghar (P.W.9) who was also a son of Shan Muhammad deceased and on Munawar Hussain (P.W.6) who was a son of a brother of the said Shah Muhammad. As a result of the trial held by the learned Sessions Judge of Bahawalnagar, Taj Muhammad, Allah Ditta, Imtiaz, Abdul Ghani and Zulfiqar were inter alia punished with death can different counts while Muhammad Iqbal accused was convicted only under sections 324/149, P.P.C. and sentenced accordingly for attempting to murder Munawar Hussain P.W. Gulzar accused was however acquitted of all the charges. 3. The occurrence of this case had taken place on 24-12-1993 at about 8-30 a.m. near and in front of the house of Shan…

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