Law:

Section:

(a) Penal Code (XLV of 1860)--- S. 302-Murder-Appreciation of evidence-Occurrence not an unwitnessed occurrence as contended but witnessed by two prosecution witnesses-Both eye-witnesses though related to deceased yet also related to petitioner-accused-No reason shown as to why prosecution witnesses spared real culprits and implicated their own close relative for firing fatal shot-No independent corroboratory evidence although available yet no inconsistency or infirmity in testimony of eye-witnesses shown--No reason also being assigned as to why eye-witnesses sub­stituted false persons for real persons testimony of such witnesses could be relied upon without corroboratory evidence-Even otherwise testimony of eye-witnesses corroborated by medical evidence and evidence of motive--Case against accused-petitioner, held, proved beyond reasonable doubt in circumstances.--[Witness]. (b) Penal Code (XLV of 1860)- ---S. 302-Murder-Sentence-Mitigation - Motive as alleged such. as could result in commission of murder-No suggestion made to eye­witnesses during trial as to anything else having happened before occurrence which could give rise to such circumstance as would entitle petitioner accused to lesser sentence for murder committed by him-Petitioner, held, not entitled to lesser sentence in circumstances. [Sentence]. (C) Penal Code (XLV of 1860)- --S. 302-Murder-Appreciation of evidence-Contention that High Court erred in taking into account evidence recorded in another murder case while awarding sentence of death to petitioner-High Court, however, not relying upon any evidence recorded in second case but only taking notice of fact of second murder duly proved in a court of law, contention, held, without foundation. [Evidence]. ORDER ASLAM RIAZ HUSSAIN, J.-This petition by Mansab Khan is directed against the judgment of the Division Bench of the Lahore High Court dated 15-7-1980, dismissing the petitioner's appeal against conviction under sec­tion 302, P. P. C. and confirming his death sentence. 2. The facts giving rise to the case briefly, are that Mansab Khan petitioner was tried alongwith Muhammad Ashraf, for the murder of Ghulam Muhammad, by the Additional Sessions…

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