Law:

Section:

Penal Code (XLV of 1860)... ----Ss.302(a), 324, 337-F(ii) & 337-F(iv)---Constitution of Pakistan (1973), Art. 185(3)---Plea of self-defence taken by accused was not attracted to the facts of the case ---Accused's side was the aggressor---Deceased had suffered 13 injuries, but he was not alleged to have caused any injury to any person---F.I.R. was promptly lodged with specific role assigned to the accused in the occurrence---Both the parties had admitted the occurrence---Unimpeachable ocular account furnished by the injured witnesses was corroborated by medical evidence, incriminating recovery and motive---Leave to appeal was declined to accused by Supreme Court in circumstances. ORDER TANVIR AHMED KHAN, J.---Leave to appeal sought against the. judgment dated 11-9-2001 passed by a learned Division Bench of the Lahore High Court, Multan Bench, Multan, whereby Criminal Appeal No.404 of 1998 filed by the petitioner against his conviction and sentence of death recorded by the learned Additional Sessions Judge, Burewala, in a case emanated out of F.I.R. No.305 of 1995 registered on 2-10-1995 under sections 302/324/337-F/34, P.P.C. with Police Station Gaggu, District Vehari, was maintained. The facts briefly narrated for the disposal of this petition are that Riasat Ali (P.W.8) got recorded aforesaid F.I.R. on 2-10-1995 stating that in the morning hours at about 6-00 a.m. while he was milking his buffalo, he heard noise. He went outside and saw that the petitioner alongwith his co-accused armed with lethal weapons causing injuries to his father Imam Din. The accused caused injuries to Riasat Ali and Muhammad Saleem P.Ws. apart from Shaukat Ali, a passerby. The petitioner fired a shot at the chest of Imam Din with his .12 bore gun who succumbed to the same then and there. After ususal investigation challan against the petitioner and his three co-accused Khushi Muhammad, Muhammad Munir and Muhammad Latif was submitted. Muhammad Munir co-accused died during the trial. The prosecution examined as many as 12 witnesses in order to establish its case. When the petitioner was examined under section 342, Cr.P.C. he denied his participation in the offence and stated as…

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