Law:

Section:

(a) Constitution of Pakistan (1973)-----Art.185(3)--Petition, rehearing of--While recording order of granting leave to appeal it was felt that the statements of witnesses who had made certain statements supporting the defence version were not brought to the notice of the Court during hearing of petition---Rehearing of petition was ordered. (b) Penal Code (XLV of 1860)-- ---S.304, Part 1--Constitution of Pakistan (1973), Art. 185(3)--Contention that evidence relied upon in support of the defence plea was hearsay which could not be preferred to the direct evidence of prosecution witnesses who appeared to be disinterested--Leave to appeal granted to consider whether the Courts below had accepted the plea of defence on sound principles for the safe administration of justice as laid down by Supreme Court in criminal cases. ORDER ZAFFAR HUSSAIN MIRZA, J.--This petition for leave to appeal arises out of order, dated 9th September, 1987, whereby a learned Single Judge of the Sind High Court, Hyderabad Circuit, dismissed the revision petition of the petitioner under section 439, Cr. P.C. Respondent No.l Sachal was tried by the III Additional Sessions Judge, Nawabshah, on the charge of intentionally committing the murder of deceased Abdul Hamid. The defence of the petitioner was that he had killed the deceased in the bazar of Mehrab Pur on account of grave and sudden provocation due to derogatory language used by the deceased in respect of the Holy Prophet (peace be upon him) of Islam as he was a Quadiani. Learned Additional Sessions Judge accepted the plea of respondent No.l and convicted him under section 304-1, P.P.C., sentencing him to R.I. for three years. Being aggrieved the petitioner who is the real brother of the deceased and was the complainant in the case preferred a criminal revision before the Sind High Court urging that on the evidence led at the trial the charge under section 302, P.P.C. was proved to the hilt and his conviction under section 304-1, P.P.C. was illegal. A learned Single Judge of the High Court, however, found no substance in the petition of the petitioner and dismissed the same by the impugned order in this petition. This petition came up…

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