Law:

Section:

Penal Code (XLV of 1860)-----S.302--Constitution of Pakistan (1973), Art. 185(3)--Sentence-­Motive for offence not established by prosecution--Leave to appeal granted to consider whether in facts and circumstances of case, lesser sentence of imprisonment for life would rot be sufficient for the ends of justice and appeal be accepted to that extent.--[Sentence]. Marizoor Ahmad v. The State P L D 1983 S C 197, Mirza Khan v. The State 1984 S C M R 1006 ref. ORDER NASIM HASAN SHAH, J.--By this petition, leave is sought from the judgment & order dated 14-10-1986 passed by the Lahore High Court in Criminal Appeal No.270 of 1984 and Murder Reference No.109 of 1984. The relevant facts are that the petitioner alongwith another, namely, Ghulam Nabi was tried by the learned Additional Sessions Judge, Faisalabad for the murder of one Khalid Hussain. The learned trial Court, vide its order dated 31-5-1984, convicted and sentenced both the petitioner as well as his co-accused to death with a fine of Rs.5,000 each (or two years' further R.I. each in default of payment of fine). 2. The petitioner filed Criminal Appeal No.270 of 1984 in the Lahore High Court, Lahore. His co-accused Ghulam Nabi also challenged his conviction and sentence by a separate appeal (Criminal Appeal No.322 of 1984). Both the appeals were heard together alongwith Murder Reference No.109 of 1984 by a Division Bench of the Lahore High Court, who, by its judgment dated 14-10-1986, dismissed the appeal of the petitioner and confirmed the sentence of death awarded to him by the trial Court. However, the appeal of the co-convict Ghulam Nabi was partly accepted and his death sentence was altered to imprisonment for life. He has not challenged the said conviction and sentence any further but the petitioner has submitted this petition for leave to appeal against the aforesaid judgment & order of the High Court. The case of the prosecution briefly was that shortly after the mid-night on 20-7-1982 while Muhammad Bashir complainant was as usual sleeping in his Ihata to guard his cattle and tractor and Khalid Hussain his nephew, was also sleeping nearby on a cot and Abdur Rehman P.W was sleeping outside the…

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