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Criminal Petition for Special Leave to Appeal No. 157 and Jail Petition No. 54 of 1982, decided on 22nd June, 1986.
(Against the order of the Lahore High Court, Lahore, dated 30‑3‑1982, passed in Criminal Appeal No. 959 of 1978 and Murder Reference No. 108 of 1979).
‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S. 302‑‑Limitation‑‑Jail petition against conviction and death sentence barred by 8 days‑ Dismissed on ground of limitation.
‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), 5.302‑‑Conviction and death sentence‑‑Prosecution case supported by two independent eye‑witnesses, recovery of blood‑stained weapon of offence and corroborating medical evidence‑‑Petitioner having committed very heinous crime which was proved against him beyond reasonable doubt, held, was rightly convicted and sentenced‑‑No interference called for by Supreme Court‑‑Leave to appeal refused.
Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
Nemo for the State (in both the Petitions).
Date of hearing: 22nd June, 1986.
This order will dispose of Criminal Petition No. 157 of 1982 filed by Barkat Ali against his conviction and Jail Petition No. 54 of 1982, also filed by him against his conviction and sentence. The Jail Petition is barred by 8 days and is, therefore, dismissed on the ground of limitation.
2. As for Petition for Leave to Appeal (Criminal Petition No. 157 of 1982) the facts are that the petitioner is the sole accused in the case. He is accused of murdering his brother's wife Mst. Allah Rakhi, at 10‑30 a.m. on 26‑6‑1976, as she refused to develop illicit relations with him. He was apprehended and blood‑stained Chhuri (P. 1) was recovered from him, which on examination, was found to be stained with human blood.
3. Prosecution case is supported by at least two independent eye‑witnesses who had no motive to involve the petitioner falsely, by ‑the recovery of the blood‑stained Chhuri (P.1) as well as the 8 stab and incised injuries found on the person of the deceased.
4. The trial Court believed the prosecution evidence and sentenced him to death under section 302, P.P.C. which was confirmed by the High Court.
Hence the present petition for leave to appeal.
5. We are of the view that the petitioner has committed a very heinous crime which has been proved against him beyond reasonable doubt. He was, therefore, rightly convicted and sentenced and the matter does not call for interference by this Court.
Leave is, therefore, refused.
M.I. Petitions dismissed.
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