Law:

Section:

(a) Criminal trial--- ----Witness---Chance witness---Objection was raised to the presence of the prosecution witnesses at the spot who were disciples of the deceased spiritual leader---Validity---Mere fact that the disciples were not residents of the vicinity of the shrine where occurrence had taken place would not make their presence at the place of occurrence open to any doubt because coming of disciples to the shrine to visit the "Gaddi Nasheen" was not unusual. (b) Penal Code (XLV of 1860)--- ----S. 302---Constitution of Pakistan (1973), Art.185(3)---Reappraisal of evidence---Natural and independent witnesses of occurrence---Accused was apprehended at the spot alongwith the weapon of offence---Report of Forensic Science Laboratory supported the prosecution case as the crime empties found at the spot matched with the weapon of offence---Motive was proved by the,, prosecution---Trial Court awarded death sentence to the accused and the same was rightly maintained by High Court---Supreme Court declined to interfere with the sentence passed by the Courts below---Leave to appeal was refused. ORDER KHALIL-UR-REHMAN RAMDAY, J.---One Aman Ullah was tried by a learned Additional Sessions Judge at Lahore for the murder of Syed Hussain Shah. Through his judgment dated 24-1-1996 the said learned Trial Judge convicted the said Aman Ullah under section 302, P.P.C. and punished him with death. Criminal Appeal No.59 of 1996 filed by the said convict in the Lahore High Court was dismissed and pursuant to Murder Reference No.23 of 1996 the above mentioned sentence of death awarded to Aman Ullah was confirmed. 2. The occurrence had taken place on 4-7-1992 at about 8-00 A.M. at 'the shrine of Khawaja Ghulam Murtazza Usman Ganj of which shrine the deceased was the Gaddi Nasheen. On the day of occurrence Syed Hussain Shah deceased was present in his room at the said shrine at about 8-00 A.M. alongwith his son Ghulam Mustafa complainant P.W.I and his other disciples including Ghulam Abbas P.W.3 and Akbar Ali P W.8 when Aman Ullah petitioner emerged there with a mauser in his hand and fired indiscriminately at the said deceased which led to his death at the spot. Aman Ullah convict…

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