Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--S.302--Constitution of Pakistan (1973), Art. 185(3)--Prosecution witness fully implicated the accused--Testimony of eye-witnesses found corroboration from recovery of blood-stained Toka and medical evidence--Defence failed to demolish ocular version--Not an iota of evidence existing to support defence plea--Applying doctrine of juxtaposition, prosecution version was found correct--Case against accused having been proved beyond reasonable doubt, leave to appeal refused. Aftab Farrukh, Senior Advocate Supreme Court for Petitioner. Nemo for the State. Date of hearing: 15th October, 1988. JUDGMENT GHULAM MUJADDID, J.--Nazar Hussain son of Mira, resident of Chak No.177/EB, Tehsil Burewala District Vehari seeks leave to appeal against the judgment of Lahore High Court dated 21-7-1987 whereby the death sentence awarded to him by the trial Court by judgment dated 19-6-1983 was confirmed. The petitioner was prosecuted for the murder of Mst. Bashiran, a young girl, resident of the same Chak. According to the prosecution, the murder took place on 1-12-1981 at 7-30 a.m. in a sugarcane field in Chak 177/EB, eight miles from Police Station Gaggo, District Vehari. Report was lodged by Muhammad Sadiq, father of the girl, at 10 O'clock at the police station. It was recorded by Elahi Bakhsh, A.S.I. The motive eras that the petitioner wanted to marry Mst. Bashiran. He approached her father. The father declined. A day before the occurrence Mst. Bashiran told her father in the presence of Murad that the petitioner insisted that she should agree to marry him. She instead rebuked him. The occurrence was alleged to have been seen by the first informant Muhammad Sadiq father of the deceased and Ahmad, maternal-uncle of the deceased. The other evidence is the post-mortem report of the Mst. Bashiran and recovery of blood-stained Toka from the petitioner who was arrested at the spot. The petitioner in his statement before the trial Court admitted to have killed the deceased not as alleged by the prosecution but according to his own version, which was that she was carrying on with one Hakam Ali. On the day when she was done to death, the petitioner saw her in his…

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