Law:

Section:

Penal Code (XLV of 1860)---S. 302 (b) & (c)---Criminal Procedure Code (V of 1898), S.340 (2)---Constitution of Pakistan, 1973, Art. 185(3)---Reappraisal of evidence---Defence plea---Evidence on oath, non-giving of---Trial Court convicted the accused under S. 302(b), P.P.C. and awarded him death sentence but High Court altered the sentence into imprisonment for life---Plea raised by accused was that his defence plea was not considered by Trial Court---Validity---Plea of accused remained a plea without any support from evidence---No lady from the house was produced in defence to corroborate version of accused regarding injuries caused to prosecution witness---Plea of accused was that at the time of occurrence it was only him and deceased present, therefore, if he could not produce any witness in support of his plea, he should have examined himself by appearing under S. 340(2), Cr.P.C. on oath to support his defence plea---Plea of accused was unreasonable as belatedly setup during the trial because he had made no report in respect of assault made on him, if any, and since he had not appeared under S. 340(2), Cr. P. C. on oath and no inmate of the house was examined to explain the injuries of prosecution witness, the defence plea was not held to be ground to be believed as against prosecution evidence---Two eye-witnesses had given straightforward narration of occurrence, their testimonies were supported by medical evidence and by other corroborative piece of evidence including the motive---Accused himself admitted his presence and also that he had caused injuries on the person of deceased and the plea of self-defence was unreasonable and unsupported, therefore, there was no substance to convert conviction of accused from S. 302(b), P.P.C. to 302(c), P.P.C.---Supreme Court declined to interfere in the conviction and sentence awarded to accused by High Court---Leave to appeal was refused. JUDGMENT TARIQ PARVEZ KHAN, J.---This Criminal Petition is filed against the judgment dated 14-5-2010 delivered by a Division Bench of Lahore High Court, Multan Bench, Multan in Criminal Appeal No. 630 of 2005 (Khaliq Hussain v. The State) and Criminal Appeal No.646 of 2005…

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