Law:

Section:

Penal Code (XLV of 1860)---S.302---Constitution of Pakistan (1973), Art.185(3)---Contention that the accused had been convicted and sentenced to death on the basis of vague, sketchy and partisan evidence which should have been disbelieved and moreso, that the defence version was never kept in juxtaposition with that of prosecution a evidence which had caused a serious prejudice and on this score alone the impugned was liable to be set aside---Reappraisal of entire evidence was considered to be in the interest of justice to examine the said contention thoroughly and further to ascertain as to whether the High Court had followed the principles of safe administration of justice in criminal cases---Leave to appeal' was granted to accused by the Supreme Court accordingly. Ata Muhammad v. The State 1995 SCMR 599 and Siraj Din v. Kala PLD 1964 SC 26 ref. ORDER JAVED IQBAL, J.---This is a jail petition preferred by Muhammad Afzal for leave to appeal against the judgment dated 1-4-1999 passed by learned Division Bench of Lahore High Court, Lahore, whereby the death sentence as awarded by learned Special Judge for Suppression of Terrorist Activities Court No.2. Sargodha, vide judgment dated 26-1-1993 has been kept intact. Briefly stated the facts of the case are that petitioner was tried alongwith other co-accused under sections 302, 148 and 149, P.P.C. for the alleged murder of Ghulam Akbar by means of kalashnikov on 8-7-1992 at about 1-30 a.m. (night between 7th and 8th July,. 1992) who attempted to save her daughter Mst. Kalsoom from abduction by the petitioner and co-­accused. The petitioner was convicted and awarded death sentence with fine of Rs.50,000 and in case of default to suffer further R.I. for two years by the learned Special Judge for Suppression of Terrorist Activities Court by means of order dated 26-1-1993 and appeal filed by the petitioner has been dismissed, hence this petition. . It is mainly contended by Mr. Muhammad Zaman Bhatti, learned Advocate Supreme Court on behalf of the petitioner that the factum of inter se relationship between Ghulam Akbar (deceased) and that of prosecution witnesses namely…

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