Law: Pakistan Penal Code, 1860

Section: 302,324

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--- ----Ss. 302 & 324-Constitution of Pakistan (1973), Art. 185(3)--­Circumstances under which the occurrence took place did not suggest the case being. of self-defence or of sudden quarrel---Accused was in possession of a Chhuri of the size of six inches whereas the deceased and the injured witness were empty-handed and were not even aware of the presence of accused at the bus stand---Act of the accused of causing injuries on the sensitive parts of the body of the deceased even if not pre­meditated, still it was a Qatl-i-Amd---Motive for the occurrence given by the prosecution was correct---Occurrence had taken place in broad daylight at the bus stand where the presence of eye-witnesses was unquestionable---Ocular testimony was of unimpeachable character which had been furnished by natural and independent witnesses having no enmity or grudge against the accused---Arrest of the accused at the spot with the weapon of offence and his admission of the occurrence with a different version had confirmed the veracity of the prosecution story--­No mitigating circumstance was available on record in favour of accused for awarding lesser penalty-- Leave to appeal was refused to accused by Supreme Court in circumstances. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---This jail petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 seeking leave to appeal has been preferred against the judgment, dated 23-11-1998 passed by a Division Bench of Lahore High Court, Multan Bench, in Criminal Appeal No.71 of 1996 filed by the petitioner and Murder Reference No. 117 of 1996 sent by the Trial Court to the High Court for confirmation of death sentence. The petitioner was tried by the learned Additional Sessions Judge, Khanewal, in a case under sections 302/324, P.P.C. pertaining to an occurrence taken place in the area of Police Station Saddar Kabirwala on 23-9-1993 in which one Abdul Jabbar was murdered. The learned trial Judge having found the petitioner guilty of the charge, convicted and sentenced him to death under section 302, P.P.C. and under section 324, P.P.C., he was sentenced to rigorous imprisonment for a term, of five…

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