Law:

Section:

(a) Penal Code (XLV of 1860)--- S. 302 and Criminal Procedure Code (V of 1898), S. 288-Murder­Appreciation of evidence-Witnesses resiling at trial from their earlier statements-Their earlier statements made before Committing Magistrate transferred to Sessions file under S. 288, Cr. P. C.-Held Can be relied upon in preference to those made by witnesses at trial--­Conviction can be recorded on such statements although corroboration of same to be sought as a measure of caution. Muhammad Ahmad Adahande v. State P L D 1970 S C 72 ; Rojoo v. State 1971 S C M R 216 and Falak Sher and others v. State P L D 1975 S C 179 rel. (b) Penal Code (XLV of 1860)- --. S. 302-Murder-Qisas and Deyat-Contention that law relating to murder likely to undergo change in near future and to incorporate Islamic concept of Qisas and Deyat entitling accused to acquittal and Court must look in light of possible change in law-Contention, held, not tenable-Court bound to decide case according to law as it stands at present.-[Qisas-Deyat]. (c) Penal Code (XLV of 1860)--- ---S. 302-Murder -Eye-witnesses supporting case of prosecution­ Even otherwise circumstantial evidence on record sufficient to sustain conviction of appellant and raise an inference requiring him to explain an onus he has not discharged-Conviction upheld.-[Burden of proof]. ORDER ASLAM RIAZ HUSSAIN, J.-This appeal is directed against the judgment of a learned Single Judge of the Lahore High Court dated 13-3-1975 whereby the appeal of Talib Hussain in a case under section 302, P. P. C. was dismissed. 1.Talib Hussain was tried, alongwith his father Lai and three others namely pahlwan and Allah Ditta and Nur for the murder of Riaz. Talib and Lai were charged with the actual murder while the remaining three were charged under section 302/109, P. P. C. for abating the murder. 3. The learned trial Court by its judgment dated 17-1-1974, acquitted Lal Pahlwan and Allah Ditta but convicted Talib Hussain under section 302 and sentenced him to death and a fine of Rs. 2,000. In default of payment of fine, he was ordered to undergo another one year R. 1. The fine, if realized, was ordered to be paid to the heirs of the deceased as…

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