Law:

Section:

(a) Criminal Procedure Code (V of 1898)----S.423---Powers of Appellate Court in disposing of appeal---Plea of reduction in sentence does not constitute a bar for the Appellate Court from interfering where the findings rendered by the Trial Court are based on erroneous or speculative presumptions or non-reading or misreading of evidence, violation settled judicial principles concerning administration of justice and reviewing the entire case to draw, its own conclusion. (b) Penal Code (XLV of 1860)----S.302(b)---Constitution of Pakistan (1973), Art. 185(3)---High Court had not decided the appeal on merits after having gone through the record of the case and critical evaluation of the entire evidence---Merely because the counsel for the appellant had not pressed the appeal on merits but only on the question of sentence, High Court was not relieved of its duty to examine the evidence on the record in order to find out whether there was ample evidence against the accused to convict him for the offence for which he had been charged---Leave to appeal was granted by the Supreme Court to the accused, in circumstances, for reappraisal of evidence so that the case could be decided on merits. Abdul Siddique v. The State 1971 SCMR 625; Ramzan v. The State PLD 1967 SC 545; The Queen v. Roop Gowalla 15 W.R. 41, Parmeshur Lal v. Mst. Rukrniit and another AIR 1925 Oudh 305; Emperor v. Sursing Mathuradas P Cr.LJ 939; King-Emperor v. Dahu Raut AIR 1935 PC 89; Khalil and others v. The Crown PLD 1953 SC 133; Muhammad Ashiq Faqir v. The State PLD 1970 SC 177; Rabari Ghela Jadav v. State of Bombay AIR 1960 SC 748 and Muhammad Siddique v. The State NLR 1995 Criminal 559 ref. Date of hearing: 25th February, 2002. ORDER JAVED IQBAL, J.---This petition for leave to appeal is directed against judgment dated 20-12-2001 passed by learned Divisional Bench of High Court of Balochistan, Quetta whereby the appeal preferred on behalf of petitioner has been dismissed and judgment dated 23rd July, 2001 passed by the learned.Special Judge (STA), Nasirabad at Dera Murad Jamali has been kept intact whereby accused was convicted and sentenced to death under section 302(b), P.P.C. 2. Briefly stated the…

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