Law:

Section:

Penal Code (XLV of 1860)------S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Reappraisal of evidence---Incident in the case, had taken place outside the house of another person and not that of the accused, who had taken the plea of self-defence stating that deceased persons had come to his house to abduct his sister-in-law, thus the plea of self-defence by the accused was falsified; non-examination of sister-in-law of the accused in their defence by the accused persons was also vital and theory put forth by accused persons that deceased had come to abduct the lady had no force at all; ocular version given by eye-witnesses, complainant and other witness was fully corroborated by the medical evidence---Empties recovered from the place of occurrence matched with the guns recovered from the accused persons and the positive report of Forensic Science Laboratory was sufficient to convince that the fires had been made from the said guns---Accused persons had failed to point out any misreading, non-reading or non-appreciation of evidence in the impugned and there was no reason to interfere with the concurrent findings of two Courts below---Supreme Court maintaining the s of Court below, dismissed the petition for leave to appeal. Syed Ali Hassan Gillani, Advocate Supreme Court for Petitioners. Ch. Munir Sadiq, Advocate Supreme Court for the State. Dates of hearing: 23rd and 24th February, 2006. JUDGMENT ABDUL HAMEED DOGAR, J.--- This petition is directed against judgment, dated 23-12-2004 passed by a learned Division Bench of Lahore High Court, Lahore whereby Criminal Appeal No.149-J of 2000 filed by petitioners Muhammad Sarwar and Muhammad Tufail was dismissed and their conviction under section 302(b), P.P.C. and sentence of death for committing murder of Shah Muhammad and Muhammad Aslam with compensation of Rs.50,000 each to be paid to the legal heirs of deceased or in default to undergo 6 months S.I. awarded by the trial Court was maintained. Murder Reference No.373 of 2000 was answered in affirmative. 2. Precisely the case of prosecution as narrated by complainant Muhammad Yasin is that on 16-8-1998 at about 9-30 a.m. he, Khadim Hussain (P.W.4), deceased…

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