Law:

Section:

Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art. 185(3)---Ocular account was supported by medical .evidence---Far-fetched inference to be drawn from the medical report could not make the prosecution case doubtful---Leave to appeal was refused in circumstances. ORDER SALEEM AKHTAR, J.---This jail petition arises from the judgment of the Lahore High Court, Bahawalpur Bench whereby the death sentence awarded to the petitioner has been confirmed. 2. According to the FIR. Muhammad Younus petitioner was serving as a tractor driver with the complainant for the last five years before the occurrence. The petitioner used to visit the house of the complainant and asked for the hand of his sister Mst. Shamim for marriage, which was declined as it was not customary with his family to marry their girls outside the Beraderi. Few days thereafter he teased Mst. Shamim upon which he was admonished and removed from service. It was alleged that few days before the occurrence Mst. Shamim was engaged with Iqbal, her Khalazad. This had annoyed the petitioner. On the day of occurrence the complainant was building a Kotha in the land of Fazal Karim near the Government tubewell with the help of Muhammad Shaban and Muhammad Aslam P.Ws. at Aserwela. Mst. Shamim went to bring water from her water pump, which was at a distance of five karams from the Kotha under construction. Petitioner came there holding hatchet (Kulhari) and after giving a Lalkara he gave a hatchet blow on her neck as a result of which she fell down. Thereafter he struck more blows with hatchet on the neck of Mst. Shamim as a result of which her neck was cut. The complainant, Muhammad Shaban and Muhammad Aslam, witnesses, went to catch hold of the petitioner, but he ran away threatening with dire consequences. 3. Mr. M. Bilal, learned counsel pointed out to the injuries suffered by the deceased and contended that as the P.WS. were few steps away from the place of incident, it was impossible that the petitioner within such a short span of time after giving Lalkara could have caused such injuries. From the testimony of prosecution witnesses it is clear that the petitioner is stated to have struck two…

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