Law:

Section:

Penal Code (XLV of 1860)----S. 302(b)---Appraisal of evidence---Presence of eye-witnesses in the house of the deceased at the time of occurrence could not be doubted---Ocular evidence was reliable, trustworthy and cogent---Medical evidence and recovery of crime weapon, stained with human blood, from the accused had corroborated the ocular testimony---Defence plea was absurd and coined to scandalize the family---F.I.R. contained the name of accused, eye-witnesses and the motive---Venue of occurrence was admitted---Motive was proved on record---Accused had committed premeditated and unjustified murder---No extenuating circumstance was available in favour of accused for award of lesser punishment and he having committed a gruesome and brutal murder could not escape capital punishment---Appeal was dismissed in circumstances. Ata Muhammad and another v. The State 1995 SCMR 599; Muhammad Azam v. Muhammad Iqbal and others PLD 1984 SC 95 and Ashiq Hussain alias Muhammad Ashraf v. The State PLD 1994 SC 879 distinguished. M. Zaman Bhatti, Advocate Supreme Court for Appellant. M. Siddique Khan Baloch, D.P.G., Punjab for the State. Date of hearing: 15th May, 2009. JUDGMENT SARDAR MUHAMMAD ASLAM, J.---The appellant has assailed, through leave of this Court, his conviction under section 302(b), P.P.C. and sentence to death awarded by the trial Court which was maintained on appeal by the High Court in a case registered vide F.I.R. No.336 dated 21-12-2001, in Police Station Saddar Chishtian, District Bahawalnagar. 2. Precisely, facts narrated in the F.I.R. lodged by Muhammad Yasin, complainant, are that he was engaged with Mst.Shahida Bibi, daughter of Muhammad Sadiq, uncle of the complainant and after Eid-ul-Fitr on 21-12-2001, the nikah ceremony was to be performed. On 20-12-2001, complainant, his father Muhammad Yousaf deceased accompanied by Fayyaz Ahmad P.W.8, Riyasat Ali and Muhammad Javed given up P.Ws. went to the house of Muhammad Sadiq. Appellant, son-in-law of Muhammad Sadiq was also present there. He was not happy to the proposed marriage and nikah ceremony. On the evening of day of occurrence, an altercation took place between the appellant and complainant's side…

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