Law:

Section:

Penal Code (XLV of 1860)-------S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Reappraisal of evidence---Medical evidence had supported the ocular account furnished by the quite natural and independent witnesses to the extent of time of occurrence, the nature of injuries and weapons used for causing the injuries to the deceased; blood-stained Churri which was used as weapon of offence, was recovered at the instance of accused; motive set up by the prosecution was proved through highly reliable evidence of eye-witnesses; eye-witnesses had no personal grudge, enmity or motive to substitute accused for unknown culprit and they while deposing quite consistently in a straightforward manner had also corroborated each other on each material point and further their testimony was also supported by the medical evidence as well as the attending circumstances which were relied- upon to maintain the conviction and accused had not been able to point out any misreading or non-reading of evidence or any legal or factual infirmity in the conclusion drawn by the two Courts below regarding the guilt of accused calling for interference by the Supreme Court and no exception could be taken to the, of High Court---Petition for leave to appeal being without any substance, was dismissed in circumstances. Syed Ali Hassan Gillani, Advocate Supreme Court of Petitioner. Tariq Bilal, Advocate Supreme Court for the State. Date of hearing: 16th January, 2006. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.--- This jail petition has been directed against the judgment, dated 20-9-2001 passed by a Division Bench of Lahore High Court, Lahore, whereby the criminal appeal filed by the petitioner against the conviction and sentence of death awarded to him under section 302(b), P.P.C. by learned Additional Sessions Judge, Nankana Sahib, District Sheikhupura, was dismissed. 2. The occurrence in the present case had taken place at 5-30 a.m. on 3-7-1994, on the grocery shop being run by Nazir Ahmed, deceased, in village Gujjar Town Bucheki in the area of Police Station Bara Ghar, District Sheikhupura and case was registered within two hours on the same day on the statement of Haji Fazal Din (complainant).…

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