Law: Penal Code (XLV of 1860)

Section: 302

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)-----   --S. 302--Constitution of Pakistan (1973), Act 185(3) Conviction under S. 302, P.P.C. based on ocular testimony of two eye­ witnesses--Evidence of recovery and motive, challenged--No law point having been raised, Supreme Court declined- to reappraise evidence and refused leave to appeal. ORDER JAVID IQBAL, J.- This petition for leave to appeal has been filed by Nasrullah Khan petitioner who was convicted under section 302 PPC and sentenced to death plus fine by the trial court. His co-accused was an absconder. On appeal his conviction was maintained but sentence was altered to life imprisonment. The deceased in this case is Hanif. The occurrence took place at morning time on 29 January 1981 with the area of Police Station Kamonki. There are two eye-witnesses of the occurrence namely Mohammad Arshad and Mohammad Shafiq. Human blood-stained hatchet had been recovered from the petitioner on his arrest about three months after the occurrence. The motive for the crime is that 8/9 years prior to the present occurrence father of the petitioner was killed in a police encounter and the petitioner had suspected that the deceased gave information to the police. Thus he murdered the deceased in order to take…

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