Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302/34 --- Constitution of Pakistan (1973), Art.185(3) --- Leave to appeal was granted to accused by Supreme Court only to the extent of examining the sentence whether in the circumstances of the case, particularly when there was no immediate cause of attack on the deceased, the sentence of imprisonment for life was not the appropriate sentence and would not have met the case. (b) Penal Code (XLV of 1860)--- ---- S. 302/34 --- Constitution of Pakistan (1973), Art.185 --- Sentence, propriety of --- Prosecution had not ascribed any motive to accused for murders of the deceased --- Requirement of motive and its discovery as regards the accused was totally irrelevant and unwarranted --- Accusations made against accused were quite independent and distinguishable from co-accused who had been sentenced to imprisonment for life --- Accused had caused fatal injuries to the two deceased --- No extenuatory factor or infirmity being available on record in favour of accused, Courts below had awarded legal sentence to the accused which warranted no interference --- Death sentences of accused were upheld accordingly. Mst. Roheeda v. Khan Bahadur 1992 SCMR 1036; Muhammad Bashir v. Khalid Mehmood 1994 SCMR 1096; Muhammad Khan v. Zakir Hussain and others PLD 1995 SC 590; State v. Waqar Ahmad 1992 SCMR 950; Ghuncha Gul v. State 1971 SCMR 368; Fazal Ghafoor v. State 1983 SCMR 1136; Muhammad Sharif v. Muhammad Javed alias Jeda PLD 1976 SC 452; Mst. Bismillah v. Muhammad Jabbar 1998 SCMR 862 and Pervaiz v. State 1998 SCMR 1976 ref. (c) Penal Code (XLV of 1860)--- ---S. 302/34 --- Sentence --- Courts on proof of accusations for causing murder, in the absence of extenuating circumstances, should normally award death penalty. Muhammad Sharif v. Muhammad Javed alias Jeda PLD 1976 SC 452; Mst. Bismillah v, Muhammad Jabbar 1998 SCMR 862 and Pervaiz v. State 1998 SCMR 1976 ref. JUDGMENT MUNAWAR AHMED MIRZA, J.---These appeals, by leave of the Court, are directed against judgment dated 19-6-1995 passed by Lahore High Court in Criminal Appeals Nos.866 of 1991, 934 of 1991, 85 of 1982; Criminal Revision No. 132 of 1993 and Murder Reference No.437 of 1991. 2.…

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