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2003 SCMR 860

ASHRAF MASIH alias ACCHHU vs THE STATE

Citation2003 SCMR 860
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,748-L of 2001
Date2002-03-18
Judge(s)Faqir Muhammad Khokhar, Khalil-ur-Rehman Ramday, Munir A. Sheikh
ResultLeave refused

' MUNIR A. SHEIKH, J.---This petition is directed against the judgment, dated 25-10-2001 of the Lahore High Court, through which conviction recorded by the trial Court against the petitioner under section 302, P.P.C. And sentence of death awarded to him has been confirmed by dismissing his appeal and answering Murder Reference in affirmative.

2. The petitioner was tried for the murder of Qayyum Masih. According to the version given in the F.I.R. The complainant Lawrance Masih (P.W.4) alongwith his brother Qayyum Masih (deceased) and Basharat Masih (P.W.5) and another Joerge Masih was travelling on a Tanga. The present petitioner who was sitting on the rear seat of the Tanga came down and with his Carbine fired at the deceased on account of which he died at the spot. The ocular account of the incident has been given by the P.W.4 (complainant) and Basharat Masih, who were travelling in the same Tanga.

Their evidence was found to have been corroborated by the medical evidence, as the doctor who had conducted the post-mortem found the deceased sustained fire-arm injuries.

3. The trial Court after considering the ocular account of the said two witnesses found that the prosecution has brought home guilt beyond reasonable doubt to the petitioner therefore, he was convicted under section 302, P.P.C. And sentenced to death. Appeal filed by him has been dismissed through the impugned judgment, dated 25-10-2001 by the Lahore High Court and findings recorded by the trial Court have been affirmed, against which leave is sought.

4. Learned counsel for the petitioner has taken us through the prosecution evidence and failed to convince us that the findings recorded by the trial Court are based in any manner on misreading or non-reading of any material piece of evidence. The conviction has been recorded in accordance with the principles laid down by the superior Courts for appraisal of evidence in criminal cases for safe administration of criminal justice therefore, the judgment impugned in this petition does not suffer from any legal infirmity, as such this petition has no merits which is accordingly dismissed and .

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