Law:

Section:

(a) Penal Code (XLV of 1860)-----S.302---Constitution of Pakistan (1973), Art.185(3)---Conviction was based on ocular testimony corroborated by incriminating recovery of the gun found by Forensic Science Laboratory to have been used in occurrence---Nothing militating against conviction was shown which was upheld. (b) Penal Code (XLV of 1860)--- ---S.302---Constitution of Pakistan (1973), Art.185(3)---Sentence---Finding of High Court that occurrence was a sudden happening was not shown to be a result of misreading of evidence or perverse---Award of alternate sentence was within the jurisdiction of the Court---Petition for enhancement of sentence was accordingly dismissed. (c) Penal Code (XLV of 1860)--- ---S.302---Constitution of Pakistan (1973), Art. 185---Reappraisal of evidence--­Reappraisal of evidence is not the function of Supreme Court.--[Evidence]. ORDER ABDUL SHAKURUL SALAM, J.---This order will dispose of Criminal Petitions Nos.221 of 1988 and 206 of 1988; the first by the convict-petitioner against his conviction and the second by the complainant for enhancement of sentence. 2. Convict, Mumtaz, was tried under section 302, P.P.C. for the murder of Ghulam Sarwar in the area of Chak No.9/3-L, Killa No.2, Square No.34, within the jurisdiction of Police Station Garh Maharaja, District Jhang on 26-6-1984, by the learned Additional Sessions Judge, Jhang who found him guilty and sentenced him to death and a fine of Rs.10,000 payable to the heirs of the deceased, or in default of payment of the fine, to suffer rigorous imprisonment for a year. The matter was taken up in appeal and on a Reference the learned Division Bench of the Lahore High Court, Lahore after perusal of the evidence came to the finding that "it appears to us that Mumtaz Ali accused at the time of occurrence while driving his tractor damaged the water-course being cleared by Ali Muhammad P.W. and others. This was objected to by Ghulam Sarwar deceased on account of which Mumtaz Ali fired at him with his unlicensed gun P.3 causing iris death. It appears to be a…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492