Law:

Section:

Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art.185(3)---Courts below after having considered the defence plea in juxtaposition with the prosecution case had rightly rejected the same as the defence theory was not supported by the evidence on record or by the circumstances of the case---No misreading of evidence by the lower Courts was found-.--Leave to appeal was refused in circumstances. S. Ashiq Hussain Gillant, Advocate Supreme Court for Petitioner. Anwar H. Mir, Advocate Supreme Court for Advocate-General, N.-W.F.P. for the State. Date of hearing: 15th January, 1995. JUDGMENT SAIDUZZAMAN SIDDIQUI, J.---The petitioner was tried under section 302, P.P.C. for causing murder of one Tajamal Hussain and was sentenced to death with fine of Rs.20,000 which on realization was to be paid to the legal heirs of the deceased and in default thereof the petitioner was ordered to undergo further R.I. for four years.' The unfortunate incident in which deceased Tajamal Hussain lost his life took place on 24-10-1989 at about 11-30 a.m. in a Karyana shop belonging to the complainant Yousaf Khan who is also brother-in-law of the deceased. The F.I.R. was lodged at about 12-35 hours on the same day and accused petitioner was also arrested on the same day. The crime weapon namely; Kalashnikov, with which the petitioner fired at Tajamal Hussain was snatched by Yousaf Khan (P.W.5) and was produced before the Investigating Officer the same day which was taken into custody and the same was found matched with the empties recovered on the spot according to the report of ballistic expert. The motive in the case was stated to be an altercation which took place between the petitioner and the deceased Tajamal Hussain a few days earlier to the incident. The two Courts below have found the presence of the witnesses natural and their evidence was also found confidence inspiring and consistent. The incident took place in broad daylight and the petitioner was…

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