Law: Pakistan Penal Code, 1860

Section: 34,302,302(b)

Law: Pakistan Penal Code, 1860

Section: 34,302,302(b)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 121

(a) Penal Code (XLV of 1860)-------S. 302(b)/34---Constitution of Pakistan (1973), Art.185(3)---Sentence, quantum of---Contentions of accused were that incident took place in a 'Mela'; recovery of weapon of offence was disbelieved by the Courts below, though even if believed it would not have been substantial evidence; that from the manner in which the incident took place; it appeared that it was a sudden flare up and as to what was the motive, the same was shrouded in mystery, and that case therefore was of lesser punishment which aspect had not been received consideration by the Courts below---Leave to appeal was granted by Supreme Court to consider the question of quantum of sentence. (b) Penal Code (XLV of 1860)--- ----S. 302---Qanun-e-Shahadat (10 of 1984), Art.121---Reappraisal of evidence---Double murder---Defenee plea---Onus to prove---Failure to suggest such plea to prosecution witnesses during evidence---Effect---Absence of motive---Accused had murdered two persons in `Meta' and were convicted and sentenced to death by Trial Court---Conviction and sentence was maintained by High Court---Contention of accused was that their defence plea was not accepted by the Courts below---Validity---Both the Courts below were justified to reject defence version on the ground that when eye-witnesses appeared before Trial Court, defence version was not suggested to them which plea was taken only at the fag end of the trial and even such plea was not taken before investigating officer at appropriate time---Both the Courts below were justified to accept prosecution version and reject defence version as accused failed to prove the plea in terms of Art.121 of Qanun-e-Shahadat, 1984---Both the Courts recorded concurrent conclusions regarding guilt of accused as they had murdered two persons in brutal manner without any reason by inflicting fire-arm injuries---Conclusion arrived at by both the Courts below were valid and sustainable in the eye of law, which was upheld---Statements of eye-witnesses inspired confidence as they were consistent in their statements which was subjected to cross-examination---Supreme Court did not find any reason to reduce sentence of death into…

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