Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 302/307/365/34, P.P.C.-­Appreciation of evidence--Conviction based on dying declaration and testimony of eye-witness who sustained injuries during occurrence--Plea that oral evidence and recoveries were not reliable, repelled--Statement of deceased forming main basis for conviction evidence in case having been well-appreciated by Courts below, no question of law requiring further examination was made out--Petition dismissed. ORDER S.A. NUSRAT, J.--The petitioners herein were tried by the learned Sessions Judge of offences under section 302/307/365 and 14E of the Pakistan Penal Code read with section 149 P.P.C. for having murdered their co-villager, Islam Shah, and causing injuries to Azhar Abbas, by making murderous assault on them after having formed an unlawful assembly and were convicted under section 302/307 of the Pakistan Penal Code and 365 read with section 34, P.P.C. Rehmat was sentenced to death and the petitioners Taj Din, Mairaj Din and Sanaullah were sentenced to life imprisonment acid fine of Rs.5,000 and rigorous imprisonment for two years each. The fine if realised, was ordered to be paid as compensation to the heirs of Islam Shah deceased. On charge under section 307 read with section 34 of the Pakistan Penal Code, each one of them was sentenced to rigorous imprisonment for ten years and fine of Rs.2,000 each or in default of payment of fine to suffer rigorous imprisonment for one year. The amount of fine if realised was ordered to be paid as compensation to Azhar Abbas. Under section 365 read with section 34 of the Pakistan Penal Code the petitioners were sentenced to suffer rigorous imprisonment for four years each. The three other persons, who were tried along with petitioners, namely, Barkat Ali, Amir and Tufail were acquitted. 2. The judgment of the trial Court was challenged in appeal by the petitioners which was dismissed by the Lahore High Court and has giving rise to the present petition for leave to…

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