Law:

Section:

(a) Penal Code (XLV of 1860)-------Ss. 302 & 307---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to accused by Supreme Court to reappraise the evidence for safe administration of criminal justice. (b) Penal Code (XLV of 1860)--Ss. 302 & 307---Constitution of Pakistan (1973), Art. 185---Reappraisal of evidence---Complainant had lodged the F.I.R. with promptitude and had reiterated entire incident besides the background of motive for commission of the offence---Ocular testimony was not shaken despite searching cross-­examination---Recovery of crime weapon from the possession of accused and his blood-stained clothes coupled with positive report of Serologist had provided strong independent corroboration to the ocular version---Chemical Examiner's Report showing absence of semen from the deceased had negated the defence version of sudden provocation which was not supported by any evidence on the file---Injured eye-witness who was fifteen years' old niece of the accused and had no direct enmity with him, had no reason to involve him falsely in the case---No extenuating circumstance was available in favour of accused for reduction in his sentence---Convictions and sentences of accused including-'the sentence of death were upheld in circumstances. Malik Ainul Haq, Advocate Supreme Court for Appellant. Ch. Muhammad Akram, Advocate Supreme Court for the State. Date of hearing: 30th April, 1999. JUDGMENT MUNAWAR AHMED MIRZA, J.---This appeal, by leave of the Court is directed against judgment dated 20-4-1993 passed by Lahore High Court in Criminal Appeal No.618 of 1990 and Murder Reference No.210 of 1990. . 2. Relevant facts culminating in filing of present appeal briefly mentioned are that Muhammad Nawaz who was married to Mst. Biban had died in an accident about seven (7) years prior to the occurrence, which had taken place on 19-3-1989. Mst. Biban wanted to marry her elder daughter Mst. Irshad Bibi with son of complainant, Hakim Khan, but the appellant, who is brother of her deceased husband, objected and wanted that said Mst. Irshad Bibi should be married to his son. On the night preceding the unfortunate incident, there was…

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