Law:

Section:

Penal Code (XLV of 1860)---------Ss. 302(b)/324/337-F(iii)/34---Constitution of Pakistan (1973), Art. 185(3)---Appreciation of evidence---Prosecution, by producing overwhelming incriminating evidence, had successfully established guilt against petitioner/accused---Happening of incident had not been denied by petitioner because he had taken plea of self-defence, but same had not been proved on record and Trial Court had not believed same---Conviction recorded by Trial Court had rightly been maintained by High Court---Accused admittedly not being a minor at the time of commission of offence, he had been convicted/sentenced according to law---Benefit of lesser age could not be awarded to accused, in circumstances---Petition for leave to appeal was dismissed and leave was declined. Sher Nawaz Khan, Advocate Supreme Court and Tanvir Ahmad Khan, Advocate-on-Record for Petitioner. Talat Farooq Sheikh, Advocate Supreme Court, Sardar Muhammad Anwar Ahmed, Advocate Supreme Court and Haji Muhammad Rafi Siddiqui, Advocate-on-Record for the Complainant. Date of hearing: 29th July, 2004. ORDER IFTIKHAR MUHAMMD CHAUDHRY, J.---This petition has been filed against the judgment, dated 13th November, 2002 passed by the Lahore High Court, Lahore, whereby appeal filed by petitioner challenging his conviction/sentence awarded to him by the Additional Sessions Judge, Toba Tek Singh vide judgment dated 2nd April, 1998 has been dismissed, as a result whereof murder reference has been accepted. 2. Precisely stating the facts of the case are that petitioner along with co-accused Iftikhar faced trial for the commission of murder of two persons namely Abdul Haq and Abdul Wahid, committed by them on 11th June, 1995 at 11-00 a.m., report of which was lodged at Police Station, Saddar Gojra, Toba Tek Singh, vide F.I.R. No. 177, dated 11th June, 1995. After registration of case the accused were arrested and ultimately sent up to face trial. As they did not plead guilty to the charge read over to them, therefore, prosecution led evidence to substantiate accusation against them. On completion of trial, petitioners were found guilty for the commission of offence and vide Judgment, dated 2nd April,…

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