Law: Constitution of Pakistan, 1962

Section: 58

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 9th October 1969, in Criminal Appeal No. 868 of 1968/Murder Reference No. 23 of 1969). Constitution of Pakistan (1962)--- ---Art.58(3)-Grounds raised in support of petition for Leave to Appeal going to mere appreciation of evidence--Interference 6y Supreme Court, held, not warranted in circumstances-Leave to Appeal refused. G. M. l1firza, Senior Advocate Supreme Court (M. A. Khan, Date of hearing: 30th January 1970. ORDER MUHAMMAD YAQUB Ate, J.-It has been found by the Additional Sessions Judge, Mianwali, by his order dated 'the 2nd December 1968, that the petitioner shot dead his co-villager Mohammad Aslam at Jhikki Degarwela (about 6 p. m.) in Wandha Jalanderwala, P. S. Sadder, Mianwali. Conviction was recorded under section 302, P. P. C. and penalty of death awarded to the petitioner which has been on appeal and reference under, section 374, Cr. P. C., confirmed by a Division Bench of the High Court. F. I. R., was recorded on the basis of the dying declaration made by the deceased in the Civil Hospital at 7-20 p.m. He charged therein the petitioner for effectively hitting him with a rifle shot and his companion for having fired a gun shot which missed him. The occurrence took place in daylight in front of the Baithak of Haqdad Khan, P. W. uncle of the deceased, and was…