Law: Penal Code (XLV of 1860)

Section: 302(B)

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Occurrence had taken place in broad daylight in which two persons were done to death in a brutal manner---Occurrence had taken place at 12.50 p.m. whereas the matter was reported to the police at 03.15 p.m. on the same day whereas the inter-se distance between the place of occurrence and police station was one kilometer---Such facts and figures ruled out any possibility of deliberation and consultation---Accused was saddled with the responsibility of causing firearm injury with a Kalashnikov on the person of deceased---Ocular account was supported by complainant and another eye-witness, and statement of both said witnesses coincided with each other on salient features of the prosecution version---Ocular account was also corroborated by the medical evidence---Accused remained an absconder for more than five years and four months---During course of investigation, the accused was found involved and his name was placed in column No.03 of the report under S. 173, Cr.P.C.--- All said factors when evaluated conjointly made it abundantly clear that the prosecution had succeeded to establish its case without any reasonable doubt---High Court had already converted the sentence of death awarded to the accused into imprisonment for life, which reduction seemed appropriate and in accordance with law---Petition for leave to appeal was dismissed and leave was refused. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, J.--- Criminal M.A. No.1165/17 in J.P. No.382/2017:- The instant miscellaneous application is filed for condonation of delay. The matter pertains to criminal appeal against conviction, therefore, delay of filing said petition is condoned in the interest of safe dispensation of justice. JAIL PETITION No.382/2017:- Criminal petition for leave to appeal under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 has been sought calling in question impugned judgment dated 02.02.2017 passed by learned Division Bench of Lahore High Court, Lahore. 2. The facts culminated into filing of the instant petition are that the petitioner was booked in case bearing FIR No.365/06 dated…

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