Law:

Section:

Penal Code (XLV of 1860)--- ----Ss.302(b) & 459---Constitution of Pakistan (1973), Art. 185(3)--­Contentions that the case against accused fell within the ambit of S.302(c), P.P.C. and that the accused was less than 18 years of age at the time of occurrence and he could not be awarded the sentence of death, required consideration for which reappraisal of evidence was necessary---Question whether the occurrence took place in the manner as stated by the prosecution or the version given by the accused was correct, also needed examination--­Leave to appeal was granted by Supreme Court accordingly. ORDER MUHAMMAD NAWAZ ABBASI, J.----Criminal Petition No.822-L of 2001 for special leave to appeal under Article 185(3) of the Constitution of Islamic Republic of Pakistan has been filed against the judgment dated 14-11-2001 passed by a Division Bench of Lahore High Court, Lahore, in Criminal Appeal No.1279 and Murder, Reference No.482-T of 1999, through which the conviction and sentence awarded to the petitioner by the trial Court were maintained. The petitioner and his co-accused namely Muhammad Aslam alias Achu and Muhammad Ismail' were tried under section 459, P.P.C. for trespassing and under section 302(b), P.P.C. for committing murder of Ghulam Rasool, Mustafa. Murtaza sons of Muhammad Din, Mst. Sobia Bibi and Mst. Zohra Bibi by the Special Court established under Anti-Terrorism Act, 1997, at Lahore. The learned trial Judge having found the petitioner and his co-accused guilty of the charges, vide judgment dated 26-11-1999; convicted and sentenced them as under:-- (a) Under section 302(b), P.P.C. sentenced to death to all the three accused with the direction to pay Rs.1,00,000 each to the legal heirs of the deceased, on each count, under section 544-A, Cr.P.C. and in default to suffer R.I. for two years each, on each count. (b) Under section 459, P.P.C. imprisonment for life with the fine of Rs.20,000 each and in default of payment of fine to undergo R.I. for one year each. The High Court in appeal, in the light of plea taken by the present petitioner in his statement under section 342, Cr.P.C. that he alone was responsible for causing murder of the five…

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