Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302(b)---Constitution of Pakistan (1973), Art.203F(2B)---Straight forward and consistent ocular testimony of eye-witnesses, whose presence at the site was established, was trustworthy and did not suffer from any inherent defect or material lacuna---Relationship of eye-witnesses with the deceased, per se, did not render them as interested or partisan witnesses---Medical evidence had fully corroborated the ocular version---Recovery of the empty cartridge from the crime spot and a double-barrel gun with two cartridges from the accused, had further strengthened the prosecution case---Victim in her promptly recorded statement under S.164, Cr.P.C. ,by the Magistrate, had implicated the accused in the crime---Cogent and convincing prosecution evidence had fully proved that it was the accused who had fired at the deceased---Callous and brutal manner in which the accused had acted, did not justify mitigation of sentence---Leave to appeal was refused to accused in circumstances. (b) Penal Code (XLV of 1860)- ---S. 302(b)-Sentence---Capital punishment, award of---In the event of proof of charge of "Qatl-e-Amd" normal penalty under the law is death---Exceptional circumstances must be shown for taking a lenient view and for the award of lesser penalty. Sardar Muhammad Siddique Khan, Advocate Supreme Court for Petitioner. Nemo for Respondent. Date of hearing: 1st December, 2005. JUDGMENT JUSTICE DR. ALLAMA KHALID MAHMUD (MEMBER).---Petitioner seeks leave to appeal against the judgment, dated 24-9-2003 of learned Federal Shariat Court, whereby conviction and sentence under section 302(b), P.P.C. of death awarded to him was maintained whereas co-convict Muhammad was acquitted under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (hereinafter referred to as "the Ordinance") but was sentenced to 12 years' R.I. under section 18 of the Ordinance with benefit of section 382-B, Cr.P.C. 2. Briefly, stated, the facts of the case are that on 23-10-1996 at 2-30 p.m. complainant Mst. Suhni (P.W.5) lodged F.I.R. at Police Station Kandiaro, District Naushahro Feroze, alleging therein that two days prior to the occurrence…

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