Law:

Section:

Penal Code (XLV of 1860)---S. 302(b)---Qatl-e-amd---Appraisal of evidence---Incident had occurred in daylight---F.I.R. had been lodged without unnecessary delay---Accused was specifically named in F.I.R.---Ocular evidence was consistent qua the role of accused, time of occurrence, motive and the manner of attack had Inspired confidence---Abscondence of accused for about four and a half years had also corroborated his guilt---Concurrent findings of the courts below being in accord with the prosecution evidence did not call for interference---Appeal was dismissed in circumstances. JUDGMENT TASSADUQ HUSSAIN JILLANI, J.---Appellant Mir Afzal Khan along with co-accused Sarfaraz, Sher Afzal, Umer Gul, Akbar Zaman and Amir Khan alias Miro were proceeded against in the case registered vide F.I.R. No.440 dated 20-12-1993 Police Station Lakki Marwat for the murder of Abdullah Khan uncle of the complainant, Muhammad Gul P.W.3. appellant became fugitive to law whereas the remaining accused were tried and the learned trial Court in terms of its judgment dated 15-9-1997 acquitted them. It was thereafter that the appellant surrendered before the court on 14-4-1998 which led to his trial and the same culminated in his conviction under section 302(b), P.P.C. vide the judgment of the learned trial Court dated 30-9-1999 and was sentenced to life imprisonment as also with fine of Rs.50,000 or in default whereof to undergo S.I. for six months. He was also extended the benefit of section 382-B, Cr.P.C. The learned High Court vide impugned judgment dismissed the appeal of the appellant and confirmed conviction and sentence awarded to him. 2. Learned counsel for the appellant in support of this appeal submitted that it was a case of no evidence; that the co-accused were acquitted by the trial Court in the earlier trial and the same set of evidence cannot be relied upon to sustain appellant's conviction; that there is no incriminating recovery; that Muhammad Gul P.W.3 is a close relative of the deceased whereas Inayatullah Khan P.W.4 was not named as an eye-witness in the F.I.R. In these circumstances, it would be unsafe to maintain appellant's conviction. 3. Learned Deputy…

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