Law:

Section:

(a) Penal Code (XLV of 1860)----S. 302---Punishment for Qatl-e-Amd-----While convicting an accused under S. 302, P.P.C. it is incumbent upon the Trial. Court to mention the relevant subsection of S. 302, P.P.C., as the same would determine the quantum of sentence. (b) Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art.185(3)---High Court in appeal while maintaining the conviction of accused under 5.302, P.P.C. had reduced his sentence from imprisonment for life to ten years' R.I.---None of the two Courts below had mentioned the relevant subsection of S. 302, P.P.C. under which the accused had been convicted and sentenced---Supreme Court as such declined to deal with the evidence at such stage and determine the relevant subsection of S. 302, P.P.C. under which the case of accused fell and to further reduce his sentence---Leave to appeal was refused accordingly. Syed Ayaz Zahoor, Advocate Supreme Court with W.N. Kohli, Advocate-on-Record for Petitioner. Ijaz Yousaf, Additional Advocate-General, Balochistan for the State. Date of hearing: 27th February, 1996. JUDGMENT MIR HAZAR KHAN KHOSO, J. ---The petitioner seeks leave to appeal against the judgment dated 9-3-1995 passed by a Division Bench of the High Court of Balochistan, Quetta. 2. The facts in brief giving rise to the petition are that on the night between 13th/14tfi July, 1992, deceased Amanullah Jattak did not stop his vehicle No.UJH212Y at a Naka Chandni Chowk, Satellite Town, Quetta. Whereupon at the direction of the petitioner Muhammad Ziaul Haque, Head­ Constable, a police man, named Muhammad Akram absconder fired at the vehicle which resulted in his instantaneous death. Initially F.I.R. under section 353/324, P.P.C. etc. was registered against the deceased and others at the Police Station Satellite Town, Quetta. However, the relations of the deceased were not satisfied with the version of the police and as such his cousin Dasti Khan approached the District Magistrate, Quetta, who held judicial enquiry through ADM/ALO, Quetta. The enquiry officer held the petitioner and Muhammad Akram responsible for murder of Amanullah Jattak and in result whereof the petitioner was challaned…

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