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Petition for Special Leave to Appeal No. 370 of 1974, decided on 4th December 1974,
(On appeal from the judgment of the Lahore High Court dated 25-10-1973 in Criminal Appeal, No. 728 of 1971 and Murder Reference No. 221 of 1971)
----Ss. 302 & 148/149‑Murder case‑Two out of three prosecution witnesses found injured and deposing to use of guns by accused petitioners and thereby causing death of two deceased‑‑Occurrence a broad daylight occurrence‑No justification appearing for inter ference with concurrent appraisal of evidence by lower Courts‑Leave refused.
Shaukat Ali, Senior Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate‑on‑Record for Petitioners.
Nemo for the State.
Date of hearing : 4th December 1974.
The two petitioners, Muhammad Khan and Khalas Khan, along with five others, Amir Khan. Umar Hayat, Khaliqdad and Ghulam Abbas were tried by the Sessions Judge. Mianwali under sections 148, 302/149 and 307/149, P. P. C. for having caused double murders of Piran Ditta and Sardat Khan, and made murderous assault on P. Ws. Muhammad Hussain, Fazal Hussain and Ghulam Hussain on 11th November 1969, in the afternoon in the area of Chak No. 4/R. H. Village Chadro. District Mianwali. The Sessions Judge acquitted the five co. accused and held the petitioners guilty and sentenced them to death under section 302/34, P. P. C. Petitioner Khalas Khan was further held guilty under section 307, P. P. C. and sentenced to 7 years R. I. This sentence was obviously to be rendered ineffective, in case the death sentence on the convict was confirmed by the High Court.
The High Court on appeal and in reference confirmed the convictions and the sentences and petitioners now seek leave to appeal.
At the trial three eye‑witnesses, out of whom two, Fazal Hussain (P. W. 12) and Ghulam Muhammad (P. W. 14) who were injured depose to use of guns by petitioners which caused the murders of two deceased. The occurrence took place in broad daylight, and we find no justification for interference with the appraisal of evidence made by the Sessions Judge and the High Court.
Leave is, therefore, refused and the petition is dismissed.
Leave refused.
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