Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art. 185(3)--Contention that the dying declaration could not have been relied upon as the deceased could not have been in her senses after receiving burns was repelled as the same was contrary to medical evidence available on record---Both the Courts below were competent either to believe or to disbelieve the dying declaration of the deceased and by believing the same which was a matter of appreciation of evidence, they had not committed any error of law warranting interference by Supreme Court---Defence version that deceased had committed suicide did not fit in the circumstances of the case as there seemed to be no plausible reason for her to do so---Leave to appeal was consequently refused. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal against acquittal---Nothing had been pointed out which might warrant interference by Supreme Court in the concurrent finding of acquittal of co-accused recorded by two Courts below---Leave to appeal was refused in circumstances. ORDER AJMAL MIAN, J.---By this common order, we intend to dispose of the above two petitions. The above Jail Petition has been filed by convict Sabir Hussain who was convicted by the learned Sessions Judge, Chakwal, through a judgment dated 15-4-1986 under section 302/34 P.P.C. for murdering his wife Mst. Azra Begum and was awarded sentence to death and a fine of Rs. 5,000 or in default R.I. for two years. It was also ordered that if the fine amount was realised, the same was to be paid to the legal heirs of deceased as compensation. The other two co-accused Muhammad Din and Khadim Hussain were acquitted. The above conviction and sentence have been maintained by a Division Bench of the Lahore High Court, Rawalpindi Bench, through the judgment dated 25-2-1989. The petitioner/convict seeks leave to appeal through the above Jail Petition, whereas Cr.P.LA. No. 69-R of 1989 has been filed by the sister of deceased seeking leave to appeal from the above judgment of the High Court dismissing the petitioner's revision against the acquittal of the aforesaid two accused Muhammad…

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