Law:

Section:

Penal Code (XLV of 1860)--- Ss.302(c) & 201 Constitution of Pakistan (1973), Art.185(3) Accused in his statement under S.342, Cr.P.C. had not denied the commission of offence and had taken the plea that while committing the act of murder he was intoxicated by liquor and as such did not know what he was doing Trial Court convicted the accused under Ss.302(c) & 201, P.P.C., which was affirmed by the High Court Validity Deceased had sustained as many as 14 injuries and the accused had admitted the occurrence Plea taken into consideration in juxtaposition to the prosecution version fell to the ground and did not appeal to reason and was totally improbable in the circumstances of the case Petitioner had also failed to point out any illegality in the impugned warranting interference Petition for leave to appeal was dismissed by the Supreme Court. JUDGMENT TANVIR AHMED KHAN, J. Leave to appeal is sought against the judgment dated 12 4 2002, whereby Criminal Appeal No.396 of 2000 filed by the petitioner was dismissed by a learned Single Judge of the Lahore High Court, Lahore. 2. Facts briefly are that F.I.R. No.65 was got recorded at Police Station, Saddar, Gojra, on 18 3 1998 under section 302, P.P.C. at the instance of Muhammad Fazil Khan (P.W.7) for the murder of Zahid Umer Khan, his son. After usual investigation, challan was submitted against the petitioner and three others. The prosecution examined nine witnesses to substantiate its case. The petitioner in his statement recorded under section 342, Cr.P.C. did not deny the commission of offence. The plea was taken that while committing this act he was intoxicated by liquor and as such did not know what he was doing. The learned trial Judge after thrashing the entire evidence brought on record acquitted three co accused of the charges through judgment dated 1 2 2000 and convicted the petitioner under section 302(c), P.P.C. and sentenced hint to imprisonment for life with further direction to pay Rs.50,000 to legal heirs of the deceased by way of compensation under section 544 A, Cr.P.C. He was also convicted under section 201, P.P.C. and sentenced to seven years R.I. with a fine of Rs.20,000 in default…

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