Law:

Section:

Pawl Code (XLV of 1860)----Ss.302/34--[Murder-case]-Appreciation of evidence-High Court though not placing reliance on a piece of circumstantial evidence yet placing implicit reliance on ocular evidence of prosecution witnesses and finding no reason for a prosecution witness, to falsely implicate his brother-in-law, accused petitioner, when his evidence fully supported by two other prosecution witnesses having no enmity with accused petitioner-Submissions advanced in support of petition relating only to appreciation of evidence of prosecution witnesses, and both Courts below having believed prosecution witnesses for valid reasons, no valid justification, held, existed for interference with such findings-Petition­er's request for being granted benefit of provisions of S. 382-B, Criminal Procedure Code, 1898 in respect of period of Jail custody undergone by him as an under trial prisoner, however, accepted in circumstances of case---Criminal Procedure Code (V of 1898), S. 382-B--Constitution of Pakistan (1973); Art. 185 (3).-[Evidence] ORDER ABDUL KADIR SHAIKH, J.-This is a petition for special leave to appeal from the judgment of Lahore High Court dated 24th September, 1980 whereby petitioner's appeal against the conviction recorded against him under section 302, P. P. C. for which he was sentenced to life imprisonment and fine of Rs. 3,000 was dismissed. The petitioner was tried along with his brother, Muhammad Asghar, under section 302/34, P. P. C. for the murder of Nazir Ahmad alias Ahmad which occurred on 31st October, 1973 at about Isha payer time, in front of the house of the co-accused Muhammad Asghar, situated in Chak Chatha in the area of Police Station, Hafizabad. The report of the crime was lodged by Nazir Ahmad, brother-in-law of Nazir Ahmad deceased, at 7-30 p.m, on the same day. According to the prosecution, Nazir Ahmad first informant, Nazir Ahmad alias Ahmad and four others, namely Muhammad Ashiq, Allah Ditta, Inayat and Sher Muhammad went to the house of Muhammad Asghar (accused) in order to, persuade him and his brother Sher Muhammad (accused) that Mst. Rasulan Bibi daughter of Nazir Ahmad first informant may return to her husband Sher Muhammad…

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