4.
After due investigation, the charge-sheet came to be filed against
appellant under Sections 302, 316 and 364 of IPC. The case was committed
to the Court of Session. The Trial Court framed charges against the appellant
for offences punishable under Section 302, 316 and 364 of IPC and after
pleading not guilty, he came to be tried for the aforesaid offences.
5.
To prove the charges against the accused, the prosecution examined
10 witnesses. After closure of evidence of the prosecution, further statement
of the accused under Section 313 CrPC was recorded. The case of the
accused was of a total denial. He deposed that on account of previous
monetary transactions between him and PW2, there was a dispute between
them and he has been falsely implicated in the case. Appellant did not
examine any witness in support of his defence. The Trial Court after
appreciation of the facts and evidence on record, convicted the appellant for
the offences punishable under Sections 302, 316 and 364 of IPC and
sentenced him as noted hereinabove. The reference made by the Trial Court
was numbered as Confirmation Case No.3/2017 before the High Court.
6.
By the impugned judgement and order, the High Court affirmed the
reference made by the Trial Court and confirmed the death penalty and
sentences awarded by the Trial Court under Sections 302, 316 and 364 IPC.
Feeling aggrieved by the impugned judgement and order passed by the High
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