Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302(b)---Constitution of Pakistan, Art. 185(3)---Leave to appeal was granted to accused to examine entire evidence and to consider the question whether the chains of facts were linked in a manner which would suggest no other possibility except the guilt of accused. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 40---Appraisal of evidence---Delay in lodging of F.I.R. was suitably explained by the complainant, father of the deceased child---Complainant and accused were close relatives---Accused had nourished ill will and grudge towards the complainant as he considered the complainant responsible for separation of his wife and daughters and thus thought of teaching a lesson to him---Medical evidence had supported the last seen and other circumstantial evidence---Multiple circumstances had corroborated the involvement of accused in killing the boy, who had taken him along on a bicycle, killed him thereafter and thrown into the river---In view of Article 40 of the Qanun-e-Shahadat, 1984, the lead provided by the accused and pointation of the place where the minor was killed and recovery of dead body, were all relevant informations about which only the accused had the information---Accused had taken life of an innocent child in a merciless and cruel manner and he deserved no leniency---Appeal was dismissed in circumstances. Hakim Ali v. The State 1971 SCMR 412; Sh. Muhammad Amjad v. The State PLD 2003 SC 704 and Sher Zaman v. State and others PLJ 2006 SC 931 ref. Arshad Ali Ch. Advocate Supreme Court for Appellant. M. Aslam Sindhu, Additional P.G. Punjab for the State. Date of hearing: 29th May, 2009. JUDGMENT SAYED ZAHID HUSSAIN, J.Gul Muhammad appellant was charge sheeted by the learned Additional Sessions Judge, Khusliab under sections 364/302, P.P.C. for abduction and murder of five years old lad Shahbaz son of Allah Ditta. He pleaded not guilty and faced trial. On conclusion whereof he was convicted under section 302(b), P.P.C. and sentenced to death for Qatl-e-amd of deceased Shahbaz, he was also sentenced to fine of Rs. 100,000 and in case of default to suffer R.I. for two years. On…

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