Law: Pakistan Penal Code, 1860

Section: 302(b),34

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Anti Terrorism Act, 1997

Section: 7(a)

Penal Code (XLV of 1860)--- ----S. 302(b)/34---Anti-Terrorism Act (XXVII of 1997), S.7(a)---Constitution of Pakistan (1973), Art.185(3)---Re-appraisal of evidence---Multiple murder---Quantum of sentence---Concurrent findings of guilt by the courts below---Accused along with two co-accused was charged with committing murder of four persons---Trial Court after completion of trial, convicted and sentenced the accused for death, penalty, while his co-accused were acquitted---Conviction and sentence awarded by Trial Court was maintained by High Court---Plea raised by accused was that his case was at par with his co-accused and death penalty could not be awarded to him-Validity-Substitution was a rare phenomenon and except complainant, who allegedly committed murder of brother of accused, remaining prosecution witnesses had no previous history of any enmity, grudge or malice against him to suggest that they had a motive for false implication of accused---Identity of accused in daylight occurrence was free from any doubt---Ocular testimony of independent witnesses duly supported by medical evidence, recovery of empties from the spot, post mortem reports of two deceased and prompt lodging of F.I.R. without any deliberation and exaggeration as well as the attending circumstances was found truthful and confidence-inspiring---Minor discrepancies and contradictions pointed out in statements of witnesses being immaterial was of no significance---Charge against accused stood proved beyond any reasonable doubt through direct evidence furnished by natural and independent witnesses---No legal and factual infirmity in the findings of two Courts regarding guilt of accused having been found which called for interference---No mitigating or extenuating circumstances for lesser sentence being present, conviction and sentence of death penalty was maintained by Supreme Court---Leave to appeal was refused. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.--- This petition under Article 185(3) of the Constitution has been directed against the judgment dated 15-6-2005 passed by a learned Division Bench of High Court of Balochistan, Sibbi, Bench, whereby criminal appeal filed by petitioner against the…

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