Law:

Section:

Penal Code (XLV of 1860)--S.302---Constitution of Pakistan (1973), Art. 185(3)---Eye-witnesses having no previous ill-will or grudge against the accused could not be termed as interested witnesses and their, relationship with the deceased alone could not make them interested as they had no reason to substitute the accused for the real killer---Prosecution was not bound to examine all the eye-witnesses in the Trial Court if it considered that the guilt of accused could be established by examining some of them---Non-examination of the remaining two eye-witnesses by the prosecution had neither adversely affected its case nor the evidentiary value of the examined eye-witnesses---Delay in lodging the F.I. It, was fully explained and the delay, if any, was inconsequential in the circumstances of the case---Accused had committed the murder of a young girl of 13/16 years without any justification in a brutal manner acting as a desperate and hardened criminal and had fired two shots at the innocent girl---Imposition of normal penalty of death was fully justified in circumstances---Conviction and sentence of accused were upheld accordingly by refusing him leave to appeal. M. Zaman Bhatti, Advocate Supreme Court for Petitioner. Nemo for the State. Date of hearing: 19th January, 2000. ORDER ABDUR REHMAN KHAN, J.---Petitioner was tried by the learned Sessions Judge, Rahimyar Khan for the offence of committing Qatl-e-Amd of Mst. Shazia and finding him guilty of the charge convicted him under section 302, P.P.C. and awarded him death sentence by judgment, dated 14-6-1997. This judgment of the trial Court was challenged in appeal in the High Court and a learned Division Bench of the High Court by the impugned judgment, dated 11-5-1999, not only upheld the conviction and sentence but also directed the petitioner to pay Rs.50,000 as compensation to the legal heirs of the deceased. This petition from jail through Superintendent of Jail has been moved by the petitioner to call in question the legality of the impugned judgment. 2. Abdul Majid (P.W:4) reported the murder of his daughter Mst, Shazia Parveen to the police at 9-30 on 1-1-1994. It was stated in this report that he was…

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