Law:

Section:

Penal Code (XLV of 1860)-------Ss.302/34 & 307/34---Constitution of Pakistan (1973), Art.185(3)--­Appreciation of evidence---Recovery of blood-stained Chhuris excluded the possibility of small knife and supported medical evidence and eye-witness version---'Motive for the occurrence had been proved---Plea of self defence taken by accused was neither proved nor bore any truth---Complainant party was unarmed at the time of occurrence and none of the accused had received even a minor injury or scratch on their body to be considered for lesser penalty --- Guilt of accused, held, had been established beyond any shadow of doubt and High Court was justified in confirming death sentences of accused---Petition was dismissed in circumstances. OPINION OF FIRST JUDGE S. USMAN ALI SHAH, J.---Both the petitioners in this jail petition for leave to appeal were convicted under section 302/34, P.P.C. by the Additional Sessions Judge, Gujranwala for the twin murder of Muhammad Ishaq and Muhammad deceased and under section 307/34, P.P.C. for murderous assault on Muhammad Anwar (P.W.7). The learned Additional Sessions Judge found them guilty of the crime beyond any reasonable doubt and sentenced both of them to death with fine of Rs.15,000 each and to 5 years' R.I. and with fine of Rs.5,000 each respectively. However, their co-accused, namely; Khushi Muhammad and Muhammad Shafi were acquitted vide order dated 31-3-1985. Appeal of the petitioners before the High Court was dismissed and their death sentence was confirmed vide order dated 7-3-1988. After going through the record and judgments of the Courts below, it is observed that Bashir Ahmad accused petitioner had himself admitted the liability of inflicting injuries to the deceased with a small knife. The injuries caused to the deceased and injured P.W. do not appear to have been caused by a small knife as…

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