Law: Pakistan Penal Code, 1860

Section: 302

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)----- ----S. 302---Constitution of Pakistan (1973), Art. 185(3)---Findings recorded by Trial Court were not based on Misreading or non-reading of any material piece of evidence---Accused had been convicted in accordance with the principles laid down by the Supreme Court for appraisal of evidence in criminal cases for safe administration of criminal justice---Impugned did not suffer from any legal infirmity--­Leave to appeal was consequently refuse4 to accused by Supreme Court. JUDGMENT MUNIR A. SHEIKH, J.---This petition is directed against the judgment, dated 25-10-2001 of the Lahore High Court, through which conviction recorded by the trial Court against the petitioner under section 302, P.P.C. and sentence of death awarded to him has been confirmed by dismissing his appeal and answering Murder Reference in affirmative. 2. The petitioner was tried for the murder of Qayyum Masih. According to the version given .in the F.I.R. the complainant Lawrance Masih (P.W.4) alongwith his brother Qayyum Masih (deceased) and Basharat Masih (P.W.5) and another Joerge Masih was travelling on a Tanga. The present petitioner who was sitting on the rear seat of the Tanga came down and with his Carbine fired at the deceased on account of which he died at the spot. The ocular account of the incident has been given by the P. W.4 (complainant) and Basharat Masih, who were travelling in the same Tanga. Their evidence was found to have been…

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