Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 302--Sentence--Conviction and death sentence--Prosecution relying on testimony of natural eye­witnesses, evidence of motive and medical evidence--No mitigating circumstance for reduction of sentence shown--Sentence awarded and confirmed by High Court, held, justified in circumstances of case--Leave to appeal refused. (b) Penal Code (XLV of 1860)-----S. 302--Conviction on charge of murder--Non-production of eye- witnesses mentioned in F.I.R. who were closely related to deceased. Whether reflected adversely to prosecution case--Real brother and father of deceased though mentioned in F.I.R. as eye-witnesses, not produced at trial because it was considered unnecessary to do so--Plea that it reflects adversely on prosecution case, repelled, because it was evidently of no use multiplying testimony of one real brother of deceased with that of other eye-witnesses closely related to deceased. (c) Penal Code (XLV of 1860)-----S. 302-Appeal against conviction" Evidence---Medical evidence contradicting eye-witnesses--Occurrence at 10-30 a.m.-Doctor conducting post-mortem examination being of view that deceased died immediately after being struck with a dagger--Eye-witnesses stating that he had not died at spot and was taken to hospital--Doctor in Casualty Ward certifying that he died at 12-20 p.m.--Held: In presence of certificate by Doctor of Casualty Ward, view expressed by doctor who subsequently conducted post-mortem examination acquired secondary position. ORDER ASLAM RIAZ HUSSAIN, J.--Riaz, petitioner, was tried for the murder of Siraj Din by the Additional Sessions Judge, Lahore, who sentenced him, inter alia, death. The High Court dismissed his appeal and confirmed his sentence of death vide the impugned judgment. Hence, the present petition. 2. The occurrence took place on 18th December, 1975 at 10-30 a.m. in Bazar Guru Nanak, Pir Maki, Road, Lahore, at a distance of five furlongs from P.S. Anarkali. 3. The motive for the occurrence is stated to be a dispute between Riaz, petitioner, and the deceased over the possession of a room. On the day of occurrence the two again had a quarrel…

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