Law:

Section:

Penal Code (XLV of 1860)---S. 302-[Murder-case] - Appreciation of evidence - Prosecution witness examined by Investigating Officer at spot-Difficult to discount presence of such witness at time of occurrence in absence of any material to establish witness having been called from another place after incident-Hypothetical suggestion as to witness having not been at spot-Valueless-Finding of Courts below as to witness having been present at site of occurrence-Cannot be said to be arbitrary or capricious so as to call for interference-Another witness having sustained injuries-Presence at spot of such witness established-No reason assigned why such witness should implicate appellant falsely­ Statement of a witness turning hostile transferred to trial Court for valid grounds-Motive for crime clearly stated by a witness and not disproved-Injuries on person of accused appellant establishing his presence at time and site of occurrence-Accused's statement regarding injury on his person having been caused by Police-Not worthy of credence-Deceased not alleged to have 'been armed and accused himself having come to avenge earlier insult by arming himself with a knife, accused's claim of right of self defence not acceptable ­Aggressor-Cannot plead self defence-Ocular testimony and motive having established guilt of appellant, no reason, held, existed to interfere with sentence. JUDGMENT MUHAMMAD HALEEM, Actg. C. J.-This appeal, by special leave, arises from the judgment of the Lahore High Court, Lahore, dated 18th of March, 1976, by which Criminal Appeal No. 397 of 1975 was dismissed and death sentence confirmed. According to the prosecution, the appellant bad reputation of visiting the vicinity of Sarai No. 3, Ramgarh, Lahore, and teasing the girls who lived in the Sarai. He was also suspected of having illicit relations with one of the girls living there. At 5 p. m. on 25th of March, 1972, he again visited the place upon which he was told by Sirajuddin and Muhammad Yasin son of Ilam Din, residents of the locality, that as he stood there to tease the girls, he, should leave the place on which he got infuriated and fought with them but Muhammad Yasin son of Muhammad Sadiq…

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