Law:

Section:

(a) Constitution of Pakistan (1973)-- ---Art. 185(3)--Penal Code (XLV of 1860), S. 302--Absence of counsel Advocate -on-Record--Petition for leave to appeal against conviction treated as jail petition and disposed of after examination of record by Court itself. (b) Penal Code (XLV of 1860)- ---S. 302--Constitution of Pakistan (1973), Art. 185(3)--Conviction and sentence of imprisonment for life, challenged--Petitioner not denying causing of death--Plea of self-defence and allegation of scuffle just prior to occurrence not established--Recovery of c-rime weapon corroborated by medical evidence--Petitioner having already been given benefit of lesser sentence, leave to appeal refused. JUDGMENT SAAD SAOOD JAN, J.-- This is a petition for special leave to appeal from the of the Lahore High Court which upheld the of the Sessions Judge, Jhang and maintained the conviction and sentences of the petitioner for an offence under section 302 of the Pakistan Penal Code. 2.When the petition was called for hearing neither the petitioner's counsel nor his Advocate-on-Record was present. We have, therefore, treated it as a petition from jail and examined the record by ourselves. 3. The petitioner and his brother Mumtaz Hussain were tried by the Sessions Judge, Jhang on charges under sections 302 and 307, read with section 34 of the Pakistan Penal Code for causing the death of Muhammad Ramzan and making a murderous assault upon the latter's son, Muhammad Nawaz. The learned Sessions Judge acquitted Mumtaz Hussain of both the charges and the petitioner of the charge under section 307. He convicted the petitioner of the offence under section 302 alone and sentenced him to imprisonment for life and to pay a fine of Rs.5,000. The petitioner preferred an appeal before the High Court which maintained his conviction and sentences. 4. According to the prosecution the deceased was running a fuel stall in the vicinity of the house of the petitioner. On the morning of 28-12-1978 the deceased and his son noticed that some firewood from the stall had been pilfered away by Mumtaz Hussain on the previous night. The deceased called Mumtaz Hussain and lodged a protest. The accusation of theft was…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492