Law:

Section:

(a) Criminal trial Appreciation of evidence-Fact of accused being under-sized individual and incapable of committing alleged offence not proved by medical evidence-Supreme Court declined to summon accused to observe for itself whether he was capable of committing offence charged and felt satisfied as to no evidence existing of his being under-sized. (b) Criminal trial Appreciation of evidence-Prosecution evidence not believed as against co-accused- Such evidence could nevertheless be believed against accused. (c) Criminal trial  Appreciation of evidence-Plea of sudden fight and of deceased having been murdered in such fight not taken before trial Court --No foundation existed for basing such contention before Supreme Court. Date of hearing : 2nd September 1974.                                                                                                                                    ORDER WAHEEDUDDIN AHMAD, J.-The petitioner was tried alongwith four other persons for the murder of Noor Muhammad deceased. The petitioner was convicted and sentenced to death by the learned Additional Sessions Judge, Dadu by judgment dated the 12th October, 1972. His four co-accused were acquitted. This judgment was challenged in Confirmation Case No. 11 of 1973 and Criminal Appeal No. 8 of 1973, in the High Court of Sind & Baluchistan, Karachi. A Division Bench of the said High Court, by judg ment dated the 3rd April, 1974, confirmed the death sentence and dismissed the appeal filed by the petitioner. The petitioner seeks permission to file an appeal against the said judgment. The prosecution case is that the deceased was attending a marriage ceremony of the son of Noor Din Shaikh held in the Citizen's Club Library and was standing with Ahmad Nawaz, Mohammad Amin and Maula Bux and many other persons. It is alleged that the petitioner and…