Law:

Section:

Penal Code (XLV of 1860)---- S. 302(a)---Constitution of Pakistan (1973), Art.185(3)---Reappraisal of evidence---Confessional statement of accused---Accused immediately after his arrest made confessional statement and also admitted commission of offence during framing of charge---Trial Court awarded death penalty under S.302(a) P.P.C. to the accused, which was maintained by High Court---Validity---Immediately after arrest accused volunteered to confess the guilt which was recorded by Judicial Magistrate in which he categorically admitted to have killed the deceased---Accused failed to point out any illegality, non-reading or misreading of evidence---Supreme Court did not find any reason to interfere with concurrent findings of two Courts below---Leave to appeal was refused. JUDGMENT ABDUL HAMEED DOGAR, J.---Petitioner Allah Bakhsh seeks leave to appeal against judgment dated 14-7-2003 passed by learned Division Bench of High Court of Balochistan, Quetta whereby Criminal Jail Appeal No.8 of 2003 filed by him was dismissed and sentence of death awarded by the trial court was maintained. Murder Reference No.1 of 2003 was also answered in affirmative. 2. Briefly, stated facts leading to the filing of instant petition are that a case under section 302/34, P.P.C. was registered vide F.I.R. No.3/2002 dated 27-1-2002 at Levies Station Ahmedwal of District Chagai on the written report of complainant Shafi Muhammad wherein it was alleged that on the same day at about 12 noon, his son Master Najeebullah went to ease himself at some distance where he was fired at by petitioner Allah Bakhsh. Master Najeebullah succumbed to the injuries while being shifted to the hospital for treatment. It was also alleged in the F.I.R. that petitioner has murdered the deceased at the instigation of his father Mazar Khan. 3. During investigation police recovered 4 empties of .303 bore from the place of occurrence and also took into possession blood stained earth. Petitioner after his arrest led to the recovery of rifle .303 and a live cartridge from inside his house. On 30-10-2002 petitioner confessed his guilt and his confessional statement was recorded by Judicial Magistrate, Nushki. On…

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