Law:

Section:

Penal Code (XLV of 1860)-------S. 302---Constitution of Pakistan (1973), Art.185(3)---Appreciation of evidence---Principles--Accused could not be condemned for the only reason that he took a false plea in defence---Even if a plea is false yet the Court is bound to consider the prosecution evidence in order to prove the guilt of the accused---Prosecution, in the present case, had fully proved its case by producing eye-witnesses along with the supporting evidence in the shape of recovery of Chhuri, the recovery of blood-stained earth, the post-mortem report and the motive, which had become undisputed on account of abortive effort of the accused in shifting the burden upon her sister---Supreme Court, after examining the pros and cons of the case, found that accused had rightly been convicted and sentenced---Petition for leave to appeal having no merit was dismissed by the Supreme Court. Hafiz S.A. Rehman, Senior Advocate Supreme Court for Petitioner. M. Zaman Bhatti, Advocate Supreme Court for the State. Date of hearing: 6th April, 2006. JUDGMENT SARDAR MUHAMMAD RAZA, KHAN, J.--- With reference to a case F.I.R. No.194 of 1999, dated 2-5-1999 of Police Station Baghdadul Jadid, District Bahawalpur registered under section 302/34, P.P.C. Muhammad Sabir son of Sher Muhammad, Awami Colony, Bahawalpur was tried for the murder of Hazoor Bakhsh, deceased by stabbing him to death on 2-5-1999 at 7-00 a.m. 2. He was held guilty under section 302, P.P.C. by learned Sessions Judge, Bahawalpur vide judgment dated 29-6-2001 and sentenced to imprisonment for life with a compensation of Rupees fifty thousand under section 544-A, Cr.P.C. The conviction and sentence aforesaid were maintained, by a learned Judge in Chambers of Lahore High Court, Bahawalpur Bench vide judgment, dated 23-9-2005 in Criminal Appeal No.217 of 2001, whereby, his appeal as well as revision for the enhancement of sentence, were both dismissed. Muhammad Sabir seeks leave to appeal. 3. Noor Muhammad. complainant lives in Awami Colony. His nephew cum son-in-law named Hazoor Bakhsh also resided with him. As he is a labourer, he, along with his nephew Hazoor Bakhsh, Allah Bakhsh and Muhammad Siddique went to work…

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