Law:

Section:

Penal Code (XLV of 1860)--- S. 302/34-[Murder case]-Contention relating to appreciation of evidence and Courts below believing prosecution evidence-No reason, held, to reassess same in absence of any legal error in its appraisal-Leave not granted.-{Evidence]. ORDER MUHAMMAD HALEEM, J.-The petitioners were tried alongwith Sher Muhammad for the murder of Taja at 5 p.m. .on 31st of March 1974, near Chowk Adil in Chak No. 429/G. B. while he was proceeding to catch a bus for Tandlianwala and as he approached the dry water channel, the petitioners and Sher Muhammad emerged from the dry water channel and on the Lalkara given by Sher Muhammad, who was armed with a scythe, second petitioner fired one shot from his .12 bore pistol at Taja, who fell down. Thereafter, the first petitioner came near him and fired one shot from his .12 bore pistol at his temple. Taja expired instantaneously. The incident was witnessed by his brother-in-law, Amir Ali, P.W. 8, Shahra, P. W. 11, who was closely following the deceased and Shahadat Khan, P. W.40, a Lambardar, who had just alighted from the bus at the Adda. Amir Ali proceeded to Police Station Tandlianwala where he lodged the fast information report the same day at 6 p. m. The deceased, alongwith 4 other persons, was tried for the murder of Mir Muhammad, an uncle of Muhammad Ashraf, and "Phupha" of Bhai Khan, 10/12 years prior to the present incident but he was acquitted alongwith the others. They had, therefore, avenged that murder by killing, the deceased. From the spot two crime empties were picked up and on 6th of April 1974, while Niaz Ahmad, A. S. I., was at Chowk Adil, the petitioners appeared before him and produced their weapons which were taken into possession. The autopsy on the deceased disclosed that he suffered injuries from two gunshots and one of them on the temporal region had burnt margins. The trial Court, on its analysis of the evidence in regard to the motive, reached the conclusion that it was established. It was further of the view that the presence of Shahadat Khan and Shahra was established beyond doubt ; and in assessing their evidence it held :- " . . . I need not go into details of what they have…

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