Law:

Section:

Appeal to Supreme Court-- Criminal AppealMere reappraisal of evidenceNot function of Supreme Court. ORDER SALAHUDDIN AHMED, J. --This petition for special leave is from the order of a Division Bench of the High Court of Sind Baluchistan dismissing the -Petitioner's appeal from his conviction and sentence under section 302 of the Pakistan Penal Code. The murder of Asghar Ali for which the -Petitioner has been convicted took place in the house of the deceased on the 5th of September, 1970, at 9 p.m. A first information report was promptly lodged by P. W. Abdul Latif. The -Petitioner was arrested on the same night and he led to the recovery of a bloodstained knife with which, according to the prosecution, the murder was committed. He also led to the recovery of his bloodstained clothes from his house. The medical evidence disclosed three incised wounds on the body of the deceased, Damely, one on the left side chest measuring 1 ½' x ½ ' x cavity deep ; another on the left shoulder 3/4' x ½" x 1' deep and the third one on the left side neck 3' below ear lobe 1' x ' ½ x muscle deep. Three witnesses, all of whom are disinterested, supported the prosecution case. The motive for the offence was that there was enmity between the deceased and the -Petitioner. P. W. 9 Abdul Latif, informant, stated that on inquiry the deceased said that he had been injured by Khalil (the -Petitioner). The witness stated that Khalil was standing outside the house of Asghar deceased. The witness, however, admitted that it was correctly written in the F. I. R. (Exh. 22) that the accused was standing with a knife in his hand. He denied having had any enmity with the -Petitioner. P. W. 5 Ibne Ali admitted having said before the Committing Court that he saw Khalil stabbing Asghar deceased and that the deceased had told P. W. Latif that the former (the deceased) had been injured by Khalil. The witness, however, stated that the statement given by him before the lower Court was made at the instance of the police and was not correct.…

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