Law:

Section:

Penal Code (XLV of 1860)---- ----S. 302---Criminal Procedure Code (V of 1898), S. 342---Constitution of Pakistan (1973), Art. 185(3)---Defence plea---Admissibility---Happening of the incident and causing of injuries to the deceased by the accused was not denied---Prosecution established that the accused committed the offence--­Trial Court convicted the accused under S. 302, P.P.C. and sentenced him to death---High Court maintained the conviction but converted death penalty into imprisonment for life---Contention of the accused was that the defence version was not accepted in toto by the Courts below---Validity---High Court' had considered the defence plea at length and had rejected the same by giving cogent reasons---Statement of accused could only be accepted where the prosecution evidence was rejected in its totality---Prosecution evidence in the case was not rejected, therefore, stand taken by the accused in his statement under S. 342, Cr.P.C. was not worthy of acceptance---Judgment of High Court called for no interference by Supreme Court---Leave to appeal was refused. Faiz and another v. The State 1983 SCMR 76; Sultan Khan v. Sher Khan and others PLD 1991 SC 502 and State v. Muhammad Hanif (1992 SCMR 2047 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J. ----Petitioner/convict Waseem-ud-Din son of Anwar-ud-Din had instituted instant petition for leave to appeal against the judgment dated 31st May, -1999, whereby Murder Reference No.7 of 1994 and Criminal Appeal No.91 of 1993 filed by him were disposed of by declining to confirm the sentence of death awarded to convict and he was ordered to undergo imprisonment for life under section 302, P.P.C. 2. Succinctly prosecution case as gleaned from F.I.R., dated October, 30, 1992 (Exh.P.A./1) lodged by Amanullah son of Mehmood Khan father of deceased Muhammd Zafar Hayat is that -Petitioner stabbed to deceased in the shop of Muhammad Hanif (uncle of the accused). Deceased Zafar Hayat subsequently succumbed to injuries in the hospital as such -Petitioner was booked for the offence under section 302, P.P.C. After registration of case investigation commenced and -Petitioner was arrested on 18th November, 1992 from Railway…

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