Law:

Section:

Penal Code (XLV of 1860)-------S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Reappraisal of evidence ---Abscondence of accused---Effect---Pleas rejected by High Court---Trial Court convicted the accused and sentenced him to death penalty but High Court maintained the conviction and altered death sentence into imprisonment for life---Validity---Accused had raised same contentions before the Supreme Court which were raised before High Court and were rejected with cogent reasons---High Court had rightly maintained conviction on the basis of confessional statement of accused which was found to have been corroborated by the motive, recovery of pellets from dead body, noticeable absconsion for five years and report of Fire Arms Expert---Supreme Court did not find it a fit case for re-appraisal of evidence in view of concurrent conclusions of two Courts below---Leave to appeal was refused. Zulfiqar Khalid Maluka, Advocate Supreme Court for Petitioner. Muhammad Naeem Sheikh, Advocate Supreme Court for the State. ORDER CH. IJAZ AHMED, J.---The petitioner was convicted under section 302(b), P.P.C. and sentenced to death along with compensation of Rs. 1,00,000 to be paid to the legal heirs of the deceased or in default to suffer 2 years' S.I. for the murder of Yasin Khan vide judgment, dated 15-10-2004 passed by the learned Additional Sessions Judge/District Qazi, Swat. Benefit of section 382-B was also extended to the petitioner-convict. His conviction was maintained by the learned High Court but the sentence was altered to life imprisonment with benefit of section 382-B, Cr.P.C. The direction for compensation was maintained. 2. Learned counsel for the petitioner submits that P.W.4, Mst. Bakht Meena was not present at the place of occurrence and her statement was not believed-by the learned High Court as is evident from para.9 of the impugned judgment. That confessional statement of the petitioner was recorded…

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