Law:

Section:

Penal Code (XLV of 1860)---S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal, grant of---Contention was that the accused had fired at the deceased in his self-defence after snatching the pistol from him and said plea had been introduced by the accused during cross-examination of the prosecution witnesses as well as in his own statement recorded under S.342, Cr.P.C.---Leave to appeal was granted to accused in the circumstances only to the extent of quantum of sentence. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.--- This petition has been filed for leave to appeal against the judgment, dated 23rd April, 2002 passed by the Lahore High Court in Criminal Appeal No.1210 of 2001 is Murder Reference No 47 of 2001. 2. Precisely stating facts of the case as have been disclosed in the F.I.R. No.217, dated 4th October, 2000 lodged by Taj Muhammad son of Rustam Ali are that on the night of incident he was present in the house and removed golden earrings of Mst. Jamila Bibi. On hearing hue and cry complainant along with other brothers including Sajjad Ahmad came out of the room and deceased Sajjad Ahmed overpowered the accused Javaid. Thereafter accused persons opened fire upon deceased Sajjad Ahmed. Accused Javaid was arrested at the spot and handed over to the police. On completion of investigation they were sent up along with others to face trial. As they did not plead guilty to the charge read over to them, therefore, prosecution led evidence to substantiate accusation against them. Learned trial Court after observing codal formalities vide judgment, dated 25th July, 2001 awarded following sentences to them:-- Under section 148, P.P.C. Three years' R.I. each with payment of fine of Rs.10,000 each and in default whereof to undergo further R.I. for six months each. Under section 457, P.P.C. Fourteen years' R.I. each with payment of fine of Rs.20,000 each and in default whereof to suffer further R.I. for one year each. Under section 396, P.P.C. Javaid and Dilbar were sentenced to death. Muhammad Nadeem, Muhammad Nasrullah and Younis Masih were sentenced to life imprisonment. Under section 302(b), P.P.C. Javaid and Dilbar were sentenced to death for the…

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