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1990 SCMR 587

GULZAR AHMED vs THE STATE

Citation1990 SCMR 587
CourtSupreme Court of Pakistan
Case No.Jail Petition No,1-0 of 1989
Date1989-09-28
Judge(s)Ali Hussain Qazilbash, Shafi-ur-Rehman
ResultLeave refused

ORDER

' SHAFIUR RAHMAN, J.--The petitioner stands convicted under section 302/34, P.P.C. For murdering his father-in-law Sultan by firing at him. This the convict did because Sultan had successfully prosecuted the case of dissolution of marriage of Mst.Koonja his own daughter who was married to the petitioner.

2. The inmates of the house, who were natural witnesses of the occurrence have appeared as witnesses. PW-2, Abdur Rahman, the brother and PW-4 Imdad aged 12 years, the son of the deceased, were sleeping in the Verandah where the deceased was fired at. Mst.Koonja PW-3, the daughter and Mst.Shakar Bibi PW, the widow of the deceased, were inside the Kotha. The barking of the dogs, the presence of electric light, the previous relationship and acquaintance made the identification of the convict possible. The recovery provides the corroboration.

3. The conviction rests on good evidence. The sentence is already the lesser one. The petition is liable to be dismissed.

' ALI HUSSAIN QAZILBASH, J.--I agree.

' ORDER OF THE BENCH Leave to appeal is refused.

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