Law:

Section:

(a) Constitution of Pakistan---- Art. 185(3)--Penal Code (XLV of 1860), S.302--Leave to appeal, grant of--Fresh plea raised at Supreme Court stage against conviction on ground of in-competency of trial--Accused being a Member of Defence Forces such hyper-technical plea not taken before Trial Court or High Court--Such plea not permitted to be raised at Supreme Court stage-­Leave to appeal refused. (b) Constitution of Pakistan (1973)- ---Art. 185(3)--Penal Code (XLV of 1860), S.302--Criminal Procedure Code (V of 1898). S.549--Petitioner member of Defence Forces--Appeal against conviction--Plea raised that Trial Court was bound to inform Military Authorities about trial of petitioner and omission to do so had vitiated whole trial--Plea being hyper-technical and not having been raised before Trial Court or High Court, disallowed at Supreme Court stage--Nothing on record available to show that Military Authorities were not informed and otherwise too, petitioner's long absence from duty must have been noticed 'and led to enquiry about him--Plea being without force, petition dismissed. ORDER ASLAM RIAZ HUSSAIN, J.--Sharif Khan petitioner was tried along with two others for the murder of Murad. His co-accused were acquitted by the trial Court but he was convicted under section 302, P.P.C. and was sentenced to death and a fine of Rs.6,000 (2 years' R.I. in default of payment of fine). His appeal was dismissed by the High Court and the death sentence was confirmed. 2. Feeling aggrieved he has filed the present petition for leave…

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