Law:

Section:

(a) Penal Code (XLV of 1860)-S. 302-[Murder-case]--Appreciation of evidence Prosecution witnesses related to accused petitioner-False implication in circum­stances inconceivable - Son of one of prosecution witnesses if admitted to have really killed deceased (his own sister) (as suggested by petitioner's counsel) due to having found her with paramour, eye­witnesses, if they wanted to falsely implicate any body, would have named such paramour as murderer-Discrepancy on question of time elapsing between injuries and death discoverable from medical evidence and ocular account not of such type as to necessitate reappraisal of evidence particularly when based upon hypothesis-Prosecution evidence not suffering from any infirmity requiring interference - Petition, held, without force as far as conviction concerned. (b) Constitution of Pakistan (1973)- -- Art. 185(3) read with Penal Code (XLV of 1860), S. 302-[Murder ­case]-Leave to appeal to Supreme Court granted to consider whether complainant having compromised with petitioner and having accepted compensation entitled to leniency and to be awarded reduction of sentence to life imprisonment and whether petitioner not entitled to relief prayed for on ground of compromise/payment of com­pensation having been effectuated after pronouncement of by High Court. ORDER MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal has been sought from judgment dated 11-3-1980 o: the Lahore High Court, whereby a criminal appeal arising out of a murder case was dismissed and the sentence of death awarded to the petitioner was confirmed. The prosecution case, as narrated in the impugned judgment, was as follows:- "The present occurrence took place on the night between 29/30-6-1978. Two days prior to the occurrence Mst. Zahooran deceased complained to her father Muhammad Azam complainant (P. W. 6) that her husband's brother named Muhammad Anwar appellant (petitioner before us) was compelling her for sexual intercourse and also to keep illicit relations with him. She further told her father that the appellant should be asked to behave. A day prior to the occurrence, the complainant reprimanded the appellant and made it clear to him that Mst. Zahooran…

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