Law:

Section:

Penal Code (XLV of 1860)--S. 302/34---Constitution of Pakistan (1973), Art. 185(3)---Accused and the deceased were closely related---Except for the present motive there was no background of enmity or ill-will between the parties and false implication was not possible---Prosecution case was supported by medical evidence---Accused had been arrested on the very next day of occurrence and recoveries had been effected soon after their arrest---Evidence led at the trial had been fully appraised by Courts below---No case was thus made out against conviction---Death sentence had already stood converted into life imprisonment by general amnesty---Leave to appeal was refused in circumstances. ORDER SHAFIUR RAHMAN, J: -Ghulam Haider (aged 27 years) and Muhammad Afzal (aged 22 years) seek leave to appeal against their conviction and sentence under section 302/34, P.P.C. and the sentence of death awarded to them. On account of general amnesty, the sentence of death stands commuted to life imprisonment. 2. The prosecution case against the two convicts was that they had approached in January, 1986, Ghulam Oadir deceased -- the maternal uncle of Ghulam Haider appellant for the hand of Mst. Faiz Mai -- daughter of Ghulam Qadir. The deceased had not only refused the hand but had insulted them and had turned them out of the house. This happened in the presence of Ghulam Nabi P.W. 6--the brother of Ghulam Oadir. The petitioners felt aggrieved over it. On the 26th of January, 1986 at about 7.00 p.m., when Ghulam Nabi--P.W. 6 and Abdul Aziz P.W. 7 were watering their field, they heard alarm. They rushed to the scene and found the two petitioners causing injuries with their hatchets to the deceased who died on the spot after receiving fifteen incised wounds and one abrasion. The petitioners were arrested. Their clothes were found to be blood­stained with human blood. They led to recovery of blood-stained hatchet also. The trial Court and the High Court believed the motive, the ocular evidence and held the prosecution case proved, and sentenced the two petitioners to death and the sentence was confirmed by the High Court. While confirming the death sentence of the two petitioners, the…

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