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 consider the question of his sentence of death for committing Qatl-i-Amd of the two deceased. Per Syed Deedar Hussain Shah and Faqir Muhammad Khokhar, JJ.­[Majority view]-- (b) Penal Code (XLV of 1860)--- ----S. 302---Appraisal of evidence---Occurrence had taken place outside the houses of the eye-witnesses who were natural witnesses and had also received injuries at the hands of the accused---Ocular testimony was fully supported by medical evidence---Defence version of the incident was not substantiated by any direct or admissible evidence and was not believable---Neither any counter-case had been lodged nor any direct complaint was filed by the accused at the initial stage to substantiate his plea of house-trespass by both the deceased---Specific role of firing had been attributed to the accused who had caused fire-arm injuries to the innocent deceased who were admittedly empty-handed and they had not even attempted to cause any simple or grievous injury to the accused party---Mere plea of the accused that he found the deceased near the wall of the house and in self-defence he fired at them, was ridiculous, irrational, illogical and untenable, which could not be accepted---Accused had committed Qatl-i-Amd of two unarmed innocent persons in a callous and brutal manner---No mitigating circumstance was available in favour of accused---Death sentence of accused was upheld in circumstances and the appeal was dismissed accordingly. Muhammad v. Ghaus 1972 SCMR 264; Faiz Muhammad v. State 1986 SCMR 337; Abdul Shakoor v. State 1986 SCMR 1246; Sada Hussain v. State 1991 SCMR 158 and Imtiaz v. State 1996 SCMR 1937 distinguished. Manzoor Ahmed v. State 1999 SCMR 132; Inayat Masih v. State 1980 SCMR 937; Muhammad Aslam v. State 2001 SCMR 223; Sirajud Din v. Misbahul Islam PLD 1977 SC 14; Abdul Wahab v. State 1999 SCMR 1668 and Muhammad Nawaz v. State 2001 SCMR 1605 ref. Per Rana Bhagwandas, J.--[Minority view]-- ---- Sentence of death of accused was reduced to imprisonment for life. Muhammad v. Ghaus 1972 SCMR 264; Faiz…

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