Law:

Section:

(a) Penal Code (XLV of 1860)--Ss. 302/34 & 452/34---Constitution of Pakistan (1973), Art. 185(3)---Ocular evidence was corroborated by medical evidence and recoveries---Incident having taken place in the house of the complainant, presence of eye-witnesses on the spot was natural---Accused had already been awarded lesser punishment of imprisonment for life under S. 302/34, P.P.C. as no recovery was effected from him---High Court's did not suffer from any infirmity---heave to appeal was refused in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Constitution of Pakistan (1973); Art. 185(3)---Leave to appeal was granted to the extent of examining the propriety of sentence of death awarded to accused for the reasons that motive alleged against him by prosecution was three years old during which no untoward incident took place and no immediate cause for the incident had been disclosed and also that the possibility of the accused having acted under the influence of his father at the time of commission of offence could not totally be ruled out. M.A. Zafar, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing: 9th February, 1995. ORDER SAIDUZZAMAN SIDDIQUI, J.---Noor Muhammad petitioner alongwith his father Khan was tried for the murder of Mst. Zarina Bibi and Mst. Riaz Bibi aged 20 years and 35 years respectively, by the Sessions Judge, Jhang. Noor Muhammad was awarded death sentence on two counts and fine of Rs.20,000 on each count and in default of payment of fine to undergo 6 months' S.I. on each count. Half of the fine on realization was ordered to be paid to the legal heirs of the deceased under section 544-A, Cr.P.C. Noor Muhammad was also sentenced under section 452/34, P.P.C. for two years' R.I. with fine of Rs.1,000 and in default of payment of fine to undergo simple imprisonment for 2 months. Khan son of Pir Bakhsh, father of petitioner Noor Muhammad was also convicted under section 302/34, P.P.C. on two counts and was awarded life imprisonment with fine of Rs.10,000 on each count or in default of payment of fine to undergo simple imprisonment for six months. The fine on…

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