Law:

Section:

Peal Code (XLV of 1860) --S.302 [Murder case] Appreciation of evidence Incident taking place outside door of house of prosecution witnesses and their presence at spot natural witness T having seen his brother stabbed for having stepped forward to rescue his brother, T's not coming to rescue his brother not unnatural Statement of witness A regarding his being injured not having been disputed in cross-examination, his presence at spot established Incident taking place at 5 p. m., identification of true assailant at such hour not difficult ¬No reason for substitution of accused for real culprit Sentence of death maintained [Evidence]. ORDER NAS1M HASAN SHAH, J. The petitioner seeks leave to appeal against the judgment of the Lahore High Court, dated 8 6 1976, passed in Criminal Appeal No. 765/75 and Murder Reference No. 222 of 1975, w.1 Aereby his conviction under section 302, P. P. C. was maintained and the sentence of depth confirmed 2. The case for the prosecution, briefly stated, is that at about 5 p.m. on 2 12 1972 while Muhammad Asghar injured P. W. was standing in front of his house in Mohallah Amarpura, Rawalpindi City, and his brother Taj Mohammad was standing in the outer door of the same house, Muhammad Hanif petitioner arrived (here and asked Muhammad Asghar whether he would stop one Nasir, who is stated to be an enemy of the petitioner, from visiting the house of the complainant in future. Asghar P. W. assured him that he would not allow Nasir to come to his house in future, nor would he help him. Muhammad Hanif petitioner, who did not appear to be satisfied with this assurance, allegedly pulled out a knife from his pocket and inflicted a blow with it in the abdomen of Asghar P. W. In the meantime, Muhammad Rafique deceased, also a brother of Muhammad Asghar, stepped forward to rescue Asghar, but the petitioner also inflicted three knife blows on the various parts of his body, namely, chest, abdomen and flank. As a result, Refique deceased fell on the ground. In the meanwhile, Muhammad Bostan and Muhammad Suleman (given up at the trial) who were allegedly present near the place of occurrence and had witnessed the occurrence, raised an alarm, whereupon…

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