Law:

Section:

Penal Code (XLV of 1860)-------S.302--Constitution of Pakistan (1973), Art.185(3)---High Court had rightly disbelieved the counter-version put forward by accused as being inconsistent and not plausible in view o(' evidence on record---Charge related to murder of the father of eye-witness who was cousin as well as wife of accused and her statement had been rightly believed---Neither the conviction nor the sentence awarded to accused in the circumstances required further examination---Petition for leave to appeal was accordingly dismissed. OPINION OF FIRST JUDGE SHAFIUR RAHMAN, J.---The Petitioner seeks leave to appeal from Jail against the judgment of the Lahore High Court, Rawalpindi Bench, dated 2-7-1989, whereby his conviction under section 302, P.P.C. was maintained but the sentence was altered to life imprisonment instead of death. The fine of Rs.5,000 was also maintained. 2. Noor Elahi, deceased was uncle as well as father-in-law of the petitioner. Mst.Tehmina Bibi (P.W. 4) the daughter of Noor Elahi, had strained relationship with the petitioner, her husband, and cases of dissolution of marriage and restitution of conjugal rights had taken place between the parties. However, they had restarted living married life together after some amends had been made by the petitioner. When Noor Elahi came to take Mst.Tehmina Bibi from the house of the petitioner for a visit, the petitioner objected to it and ultimately Noor Elahi took her alongwith him and stayed at the house of Muhammad Ashraf (P.W. 9) for a night. On the morning of 25th of June, 1986, they started with one Gul Siraj (P.W. 3) for Rawalpindi. When they reached the bus-stand, the petitioner appeared with a carbine alongwith his brother. The petitioner enquired from the deceased as to where they stayed for the night upon which deceased told him that it was his sweet will to stay wherever he liked. The petitioner abused the deceased and fired a shot with his carbine which hit Noor Elahi at the chest. 3. On learning of the occurrence, Shahjehan, S.I. (P.W. 10) reached the spot at 8-30 a.m. and recorded the statement…

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