Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302---Sentence---Islamic principle of dispensation of criminal justice--­Once an. offence falling within the definition of Hadd is proved, no extenuating or mitigating circumstance can be pressed into service for warranting lesser punishment---Where, however, sentence is awarded under "Tazir", then factor of mitigating or extenuating circumstance can form a relevant consideration while imposing sentence under S. 302(b), P.P.C. (b) Penal Code (XLV of 1860)--- ----S. 302---Constitution of Pakistan (1973) Art. 185(3) --- Sentence --- Ocular evidence was supported by medical evidence; motive and evidence of recovery of the pistol from the accused which had matched with crime empties secured from the place of incident---Prosecution having manifestly proved involvement of accused in the crime, defence evidence would not be sufficient to constitute a mitigating or extenuating circumstance in his favour and non-consideration of the same would not prejudice him in any manner--­Defence plea taken by accused had fro substance---Sentence of death awarded to accused was maintained in circumstances and the leave to appeal was declined to him accordingly. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, J.--petitioner seeks leave to appeal against judgment, dated 16th May, 2000 passed- by Lahore High Court, Lahore whereby death sentence awarded to petitioner under section 302. P.P.C. by Additional Sessions Judge, Lahore on 12th March, 1997 was confirmed while accepting Murder Reference No. 124 of 1997 as a consequence whereof Criminal Appeal No.96 of 199 7 tiled by petitioner challenging his conviction/sentence has been dismissed. 2. The prosecution case as it has been unfoklcd in F.I.R. Exh.PC recorded by Nazir Ahmed complainant brother of deFeased Akram Ali is that later sold- three cassettes to the younger brother of petitioner Gulzar Ahmed but he was not satisfied on which tile complainant's father Nazir Ahmed and that he be given one more cassette. At about 1-00 a.m. (mid-night) Gulzar came to the house of the complainant arid asked Akram deceased to come out of the house. He also started hurling, abuses. The Complainant and his father returned…

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