Law:

Section:

Penal Code (XLV of 1860)----S. 302(b)---Constitution of Pakistan, Art. 185(3)---Qatl-e-amd---Independent eye-witnesses of the occurrence had no animosity or ill-will against the accused to falsely implicate him in the case---Recovery of crime empty from the spot, recovery of pistol at the instance of accused from his house and the positive report of Forensic Science Laboratory had supported the ocular evidence---Headlights of the car were sufficient for identification of accused, particularly when he was known to the witnesses---Accused while committing an offence of cutting Government trees with a saw finding himself to have been detected, had resorted to firing at the deceased, who was a young official of Forest Department and was performing his duties to protect the Government property---Act of accused did not call for any leniency even in the matter of his sentence---Leave to appeal was refused to accused by Supreme Court in circumstances. Muhammad Zaman Bhatti, Advocate Supreme Court for Petitioner. Shahid Abbasi, D.P.G. for the State. ORDER MIAN SHAKIRULLAH JAN, J.---The petitioner is seeking leave to appeal against the impugned judgment whereby the High Court while maintaining his conviction and death sentence in a murder case dismissed his appeal. 2. The brief facts of the case, as given in para-4 of the impugned judgment, are as follows:-- "4. Facts in brief, as narrated in the application (Exh.PD) made by Muhammad Akhtar Javed (P.W.4) on the basis of which F.I.R. (Exh-PD/1) was recorded, are that Nasir Ahmad (P.W.10) was appointed as Block Officer of Taj Garh Block; in the night between 14/15-3-2008 at about 11-20 p.m. he received a spy information that some persons were stealing trees at Mehran Distry; on this information he along with Tahir Khursheed (deceased) son of Khursheed Ahmad resident of Chak No. 65/NP, Forest Guard, Khalid Mehmood (given-up), Forest Guard, Zahid Hussain (Given-up) and Khalil Ahmed (P.W.5) on private car went for checking Mehran Distry; when they reached between Burjee Nos. 5 to 27 at about 11-45 p.m. they saw in the headlights of the car Muhammad Aslam, Akram, Arshad sons of Naseer Ahmad and Naseer Ahmad son of Peeran Khan…

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