Law:

Section:

(a) Penal Code (XLV of 1860)--Ss.302(b), 449 & 324---Constitution of Pakistan (1973), Art. 185---Prosecution had established its case adequately---Defence, on the contrary, advanced contradictory versions which were rightly rejected High Court had given elaborate reasons to conclude about the kind of weapon used by the accused---Pertinent recoveries together with the testimony of the injured persons who appeared as prosecution witnesses, had lent due credence to the prosecution version---All that had been urged from the side of defence involved questions of fact out of which particular emphasis was laid on the averment to the accused was a minor at the time of the incident---No documentary material in support of such averment was2 produced nor the elaborate dissertation. in which the accused indulged while being questioned under 5.342, Cr.P.C. would suggest an immature or a raw mind/age--­Supreme Court declined interference with the concurrent finding of High Court and Trial Court (b) Criminal Procedure Code (V of 1898)--- ----Ss.382-B & 544-A---Penal Code (XLV of 1860), Ss.302(b), 449 & 324--­Accused was directed by High Court to pay a certain amount to the legal heirs of the deceased by way of compensation and it was further directed that in the event he failed to do so he shall not be accorded the benefit of S.382-B, Cr.P.C.---Validity---Grant of benefit under S.382, Cr.P.C. had no nexus whatever with paying up any fine or even compensation in terms of 5.544-A, Cr.P.C.---Supreme Court excised the condition put by the High Court and directed that if accused failed to pay the awarded compensation, such would be recovered as arrears of land revenue, beside the accused would suffer imprisonment for an additional period of six months and grant of benefit of 5.382-B, Cr.P.C. having already been granted by the High Court, would continue to subsist. Ch. Muhammad Iqbal, Advocate Supreme Court for Petitioner (Cr.P. No. 125-L of 1999). Malik Rab Nawaz Noon, Advocate Supreme Court (in Cr.Ps. Nos. 127 and 128-L of 1997). Ghulam Haider Ghazali, Addl. A.-G. for Respondents. (in all the Petitions). Date of hearing: 18th November, 1999. ORDER WAJIHUDDIN AHMED,…

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