Law:

Section:

(a) Penal Code (XLV of 1860)-- S. 302-[Murder-case]-One of prosecution witnesses closely related to accused petitioner as well as deceased and appearing to be a truthful witness having no motive whatever to falsely involve petitioner-Held : Conviction could be based on his statement alone. -[Witness] (b) Constitution of Pakistan (1973)- -- Art. 185(3) read with Penal Code (XLV of 1860), S. 302-[Murder ­case]-Mitigation of offence-Leave to appeal-Contention that 'in view of age of petitioner (15/16 years) and motive alleged by prosecution itself that his father had been murdered when he only about 2/3 years old, that he firmly believed deceased having murdered his father, and he committed murder to avenge his father's murder-Contention appearing to have substance, leave to appeal granted to consider, question.-[Leave to appeal]. Ajun Shah v. The State P L D 1967 S C 185 ref. ORDER ASLAM RIAZ HUSSAIN, J. -Muhammad Aslam petitioner was tried and convicted by Sessions Judge, Gujranwala, for the murder of his uncle Mehdi Hassan and was sentenced to death and a fine of Rs. 2,000 or in default thereof to further R. I for one year subject to confirmation of death sentence by the High Court. The High Court dismissed his appeal and confirmed the sentence of death. 2. The learned counsel for the petitioner took us through the evidence of the eye-witnesses and attempted to argue that their testimony was not such as should…

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