ASLAM RIAZ HUSSAIN, J.--Hafiz Rashid Ahmad petitioner was tried for the murder of his wife for which he was convicted and sentenced to death by the trial Court. His appeal was dismissed by the High Court vide the impugned judgment dated 23-11-1986 and sentence of death was confirmed.
He now seeks leave to appeal against the aforementioned judgment of the High Court.
2. We have gone through the impugned judgment and heard the learned counsel for the petitioner at considerable length.
He sought to argue that although the petitioner admitted having killed his wife but has given a counter-version which constitutes the plea of defence. He submitted further that the defence version put forward by the petitioner had not been given due weight. He urged that petitioner's defence version if placed in juxtaposition with the prosecution version, it would appear that there is a reasonable possibility of the defence version being the correct one. As such he should have been given the benefit of doubt and acquitted.
4. Having considered the evidence on the record in the light of the aforementioned contentions we are not persuaded to agree with the learned counsel and find ourselves in respectful agreement with the finding of the High Court on the aforementioned question. Leave is consequently refused.