Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to accused by Supreme Court to reappraise evidence in the case to ensure safe administration of justice. (b) Penal Code (XLV of 1860)-------S. 302---Appraisal of evidence---Prosecution evidence was consistent and confidence-inspiring which was imparted by independent witnesses who had no previous ill-will, bias or ulterior motive against the accused for his false involvement in the case---Accused had been arrested alongwith the weapon of offence after a chase and handed over to police---Crime empty picked up from the spot had matched with the gun recovered from the possession of accused at the time of his arrest---Conviction of accused was maintained in circumstances---Trial Court had not given any reason for imposing lesser penalty than the normal penalty of death which in term of S.367(5), Cr.P.C. was legally required to be imposed---High Court too had not considered this aspect of the case---Supreme Court although was inclined to enhance the sentence of accused to death, but at such stage it did not consider it proper to do so as the accused had already undergone more than ten years' imprisonment and neither the State nor the complainant had moved the Court for such purpose---Sentence of imprisonment for life awarded to accused was upheld accordingly with certain directions for future guidance of Authorities concerned. JUDGMENT ABDUR REHMAN KHAN, J.---Appellant was charged for the murder of Salim, and on the conclusion of trial, the learned Additional Sessions Judge, by judgment dated 23-1-1993, convicted him under section 302, P.P.C. and sentenced him to life imprisonment and to pay a fine of, Rs.25,000 or in default to remain in jail for further two years. Appeal preferred in the High Court against the- said conviction and sentence was dismissed through the impugned judgment dated 17-10-1994. In petition moved by the appellant through jail leave was granted in these terms: "In my view, reappraisal of evidence in this case would be called for to ensure safe administration of justice." 2. Mst. Zarnosha (P. W.9) reported the murder of her son…

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