Law:

Section:

(a) Penal Code (XLV of 1860)------S.302---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal--­Accused had committed two murders in daylight in his house which had been witnessed by inmates of house---Witnesses though were related to deceased yet no evidence existed to show any enmity between parties to falsely implicate accused---Witnesses had made consistent statements which were corroborated by medical evidence and recovery of weapon of offence---Accused was arrested an the same day and there was no evidence that he had committed the offence as a result of sudden provocation---Conviction and sentence of accused, were thus proper and needed no interference---Leave to appeal was refused in circumstances. (b) Penal Code (XLV of 1!36(1)--- ---S.302---Two murders had been committed in same transaction---Trial Court therefore, while holding accused guilty of two murders should have convicted him under, S.302, P.P.C. on two counts and also should have sentenced him on two counts which it had failed to do---No objection having been raised by the prosecution in this regard either before Sessions Judge or High Court, Supreme Court desisted to dilate upon the said omissions. ORDER ALI HUSSAIN QAZILBASH, J.--This is a jail petition filed by the petitioner against his conviction under section 302, P.P.C. for which he has been sentenced to imprisonment for life and a fine of Rs.4.(M by the learned Additional Sessions Judge, Usta Muhammad, vide his order dated 29-2-1988. His appeal' before the High Court was dismissed through the impugned order. This being a jail petition; the delay is condoned. 2. I have gone through the judgments of the Courts below and the record of the evidence. It is a daylight occurrence and the two murders were committed by the petitioner in his house which…

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