Law: Pakistan Penal Code, 1860

Section: 302(b),34

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--- ---S. 302(b)/34---Constitution of Pakistan (1973), Art.185(3)---Reappraisal of evidence---Guilt of accused established through extra-judicial confession and circumstantial evidence-Allegation against accused was that he committed murder of deceased who used to reside with the former in a shop---Complainant, real brother of deceased, allegedly received message from another prosecution witness to reach at a certain place and on complainant's .arrival there along with other witnesses, accused confessed his guilt, stating that he committed murder of deceased as the latter insisted accused for sodomy---Trial Court convicted accused and sentenced him to imprisonment for life---High Court, on appeal, maintained the conviction and sentence awarded to accused---Validity---Extra-judicial confession of accused coupled with the facts that accused went to witness of confession in early hours of the morning, leaving his duty place without informing his officers, recovery of dead body from place of residence both of accused and deceased, absence of evidence of plea of alibi,- concealment of his bag at roof of bathroom of mosque were pieces of evidence which stood established against him in Courts below---No illegality, misreading or non-reading of evidence was found in concurrent findings of guilt recorded against accused by Courts below---Leave to appeal was refused. JUDGMENT ABDUL HAMEED DOGAR, J.---This jail petition is directed against judgment, dated 12-7-2005 by learned Single Judge of High Court of Sindh, Bench at Sukkur, whereby Criminal Appeal No.35 of 2004 filed by petitioner was dismissed, the conviction and sentence under section 302(b), P.P.C. to imprisonment for life with payment of Rs.20,000 as compensation to the legal heirs of deceased or in default to further suffer six months' R.I. with benefit of section 382-B, Cr.P.C. awarded by the trial Court was maintained. 2. Briefly stated, facts leading to the filing of instant petition as narrated by complainant Muhammad Suhail (P.W.1) brother of deceased are that on 23-1-2000 he went to meet his brother Naeem who was residing in District Khanewal where he met with Ghulam Shabbir (P.W.2)…

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