Law:

Section:

(a) Penal Code (XLV of 1860)---S.302---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by. Supreme Court to re-appraise the evidence on the record as to whether the conviction recorded against and the sentence of death awarded to the accused person under S.302, P.P.C., was in accordance with the principles enunciated by Supreme Court for safe administration of criminal justice. (b) Penal Code (XLV of 1860)----- ----S. 302---Re-appraisal of evidence---Sifting chaff from grain, principle of---Sentence---Daylight occurrence---Specific role of effective firing attributed to the accused ---F.I.R. was promptly lodged---Evidence of prosecution witnesses was natural, trustworthy and nothing had been brought out in cross-examination to disbelieve their veracity---Identification of accused was not mistaken---Contention of the accused was that as eight co­accused persons were acquitted on the basis of the same evidence, therefore, the case of prosecution was doubtful-- Validity---Courts were bound to sift the chaff from grain and keeping in view the principle, the Courts below had rightly acquitted the co-accused persons because sufficient material was not available against them but natural, reliable and trustworthy evidence was furnished by the prosecution against the accused and the same had been rightly believed by the Courts below---Where the accused had committed brutal murder with fire-arm, the penalty of death under S.302, P.P.C. was properly awarded by the Court. Moazam Shah v. Mohsan Shah PLD 2001 SC 458 ref. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.--- This appeal by leave of the Court is directed against the Judgment of the Lahore High Court, Lahore, dated 25-9-1997, passed in Criminal Appeal No.590 of 1994 and Murder Reference No.252 of 1994, whereby the appeal filed by the appellant and five others was partially accepted qua the co-accused of the appellant and dismissed insofar as the appellant was concerned. The Murder Reference was accepted and the death sentence awarded to the appellant was confirmed. 2. Briefly stated the prosecution story as set up in the F.I.R. No.252, dated 24-8-1991. is that on the day of occurrence Muhammad Yar…

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