MUHAMMAD ALI Versus STATE

1. GHULAM MUJADDID, J.‑‑ Muhammad Ali seeks leave to appeal against the judgment of the Lahore High Court Bahawalpur Bench dated 23‑5‑1988.

2. Muhammad Ali and co‑accused Bashir Ahmad were tried for the murder of their real brother Muhammad Akbar. The trial Court, by judgment dated 15‑12‑1985 held Muhammad Ali guilty. He was sentenced to imprisonment for life and fine of Rs.10,000 or in default three years R.I. Bashir Ahmad was acquitted.

3. Muhammad Ali appealed to the Lahore High Court.

4. The State filed appeal against the acquittal of Bashir Ahmad, as well as revision for enhancement of Muhammad Ali's sentence. All these matters were dismissed by the Lahore High Court vide impugned judgment.

5. Learned counsel appearing in support of this petition submitted that co -accused Bashir Ahmad having been acquitted, the petitioner was also entitled to the same treatment. It was contended that the conviction under section 302, P.P.C. was not legal and proper.

6. The contentions have no force. The High Court examined the entire evidence especially that of the eye‑witnesses. Their testimony was believed. Case of the petitioner is distinguishable from the acquitted accused. This fact was also duly noted by the High Court.

7. Similarly we don't think the conviction and sentence of the petitioner is in any way illegal and calls for interference. The fatal blow was attributed to the petitioner. The mere fact that he did not repeat the same would not diminish his criminal liability so as to alter his conviction and reduce the sentence.

8. Dismissed.

9. N.H.Q./M‑1143/S Petition dismissed