Law:

Section:

Penal Code (XLV of 1860)---S. 307/34-[Murder-case] - Appreciation of evidence-Enmity between accused petitioner and complainant admitted-Occurrence taking place in Cinema Hall during interval when lights on and identification not impossible-All Courts below concurrently finding abdomen injury on person of complainant having been caused by accused petitioner by a chhuri-Injury piercing through muscles and going to cavity-Always considered dangerous-Prosecution witnesses fully supporting prosecution case-No reason in circumstances, held, to disagree with concurrent findings of three Courts below-Constitution of Pakistan (1973), Art. 185 (3). ORDER SHAH NAWAZ KHAN, J.-Khalid Zaman is charged for offence under section 307, P. P. C. His application for bail was dismissed by the Judicial Magistrate, First Class with enhanced powers under Section 30 of the Criminal Procedure Code at Attock. After the trial, he and his co-accused Badri Zaman was also found guilty of offence punishable under section 307/34, P.P.C. and both of them were sentenced to undergo R. I. for seven years and to pay a fine of Rs. 1,000 each, which amount was to be paid to Arif Mebmood (injured person) by way of compensation. His appeal was dismissed by the Sessions Judge, Attock by order dated 15-9-1981. He then moved the Lahore High Court, but there too he failed and his petition was dismissed in limine, and he has now moved this Court through the present petition under Article 185 of the Constitution read with Laws…

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