Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302(b)---Constitution of Pakistan, Art. 185(3)---Appraisal of evidence---High Court while maintaining the conviction of accused had converted his death sentence into imprisonment for We on cogent reasons---Accused, no doubt, had been raising the plea of self-defence since the very inception of the case, but he had exceeded the same---Admittedly accused had murdered two persons by firing with his weapon on vital parts of their bodies---Despite the fact of the complainant being an aggressor, accused had exceeded his right of private defence, as the injuries received by him did not entitle him to take the lives of two persons---Impugned of High Court did not warrant any interference---Leave to appeal was refused to accused by Supreme Court in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302---Constitution of Pakistan, Art. 185(3)---Sentence, interference with---Principle---Supreme Court generally does not interfere with the legal sentence awarded to accused by the courts below while exercising power under Article 185(3) of the Constitution, which is discretionary in nature. Sardar Muhammad Ishaq Khan, Senior Advocate Supreme Court for Petitioner. Nemo for the State. ORDER CH. IJAZ AHMED, J.---Petitioner seeks leave to appeal against the impugned judgment dated 26-3-2009 wherein the appeal of the petitioner against his conviction was partly allowed by converting his death sentence on two counts into life imprisonment on two counts. 2. Detailed facts have already been mentioned in para 3 of the impugned judgment and memo of petition in para 2. However, facts out of which the present petition arises are that the petitioner along with his acquitted co-accused, namely, Muhammad Ilyas, Azhar Hussain and Wajid Hussain were involved in case F.I.R. No. 307 dated 19-10-1998 which was registered at Police Station Airport, District Rawalpindi, under section 302/34, P.P.C. on the complaint of Haji Abdul Qayyum on the allegation of committing murder of Shahzad Hussain and Tanveer Hussain. The investigating agency after investigating the case submitted challan against them in the Court of Additional Sessions Judge, Rawalpindi, on…

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