MUHAMMAD KHAN Versus STATE

ORDER

1. ABDUL KADIR SHEIKH, J.‑ 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 11 th 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.

2. The High Court on appeal and in reference confirmed the convictions and the sentences and petitioners now seek leave to appeal.

3. 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.

4. Leave is, therefore, refused and the petition is dismissed.

5. Leave refused.