Law:

Section:

(a) Constitution of Pakistan (1973)----Art. 185(3)--Penal Code (XLV of 1860). 8.302--Jail petition before Supreme Court barred by time by 12 days--Supreme Court condoned delay as case involved sentence of death.--[ Condonation of delay-­Sentence]. (b) Penal Code (XLV of 1880)---S.302--Death sentence--Mitigation--All witnesses being disinterested, no reason found for ocular witnesses to depose against accused--Nothing in cross-examination had been brought to cast any doubt on veracity of statements of such witnesses--Contention of accused that under a conspiracy a false case was concocted against him by Influential persons, finding no support from record--Deceased brutally murdered in an unprovoked attack--No mitigating circumstances having been found, such cruel act of accused, held, did not merit any leniency in sentence.-­[Sentence). ORDER MIAN BURHANUDDIN KHAN, J.-- This jail petition is barred by time by 12 days but as it involves sentence of death awarded to the petitioner, we condone the delay and examine the case on merits. 2. Muhammad Nazir petitioner was tried under section 302, P. P. C . by the learned Additional Sessions Judge, Sheikhupura for committing the murder of Falak Sher, Assistant Lineman WAPDA by giving him blows with a knife. He was found guilty, convicted and sentenced to death and a fine of Rs.1,000. Half of the amount of fine, if recovered, was ordered to be paid to the legal heirs of the deceased. In default, to suffer imprisonment for one year, vide judgment dated 1-4-1979. 3. The petitioner filed appeal No.453 of 1979 against his conviction and sentence in the Lahore High Court and Murder Reference was also placed before the learned Judges for confirmation of death sentence awarded to the petitioner. The learned High Court dismissed the appeal of the petitioner and confirmed the death sentence awarded to him vide judgment dated 9-2-82. 4. The case against the petitioner is that on 1-10-1976 at about 8.30 a.m. complainant Muhammad Aslam P.W.6 Lineman in the Electricity Office, Muridke, alongwith Muhammad Akram, driver and Muhammad Siddiq, Lineman, was sitting inside the gate of the Office. Falak Sher deceased, Assistant Lineman came…

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