Law:

Section:

Constitution of Pakistan (1973)--- Art. 185 read with Penal Code (XLV of 1860), S. 302 Murder¬Conviction for Evidence on record found to have been properly appraised by High Court and its finding based on sound reasoning¬ Held, of High Court cannot be interfered with by Supreme Court, in circumstances of case. JUDGMENT MIAN BURHANUDDIN KHAN, J. This appeal is directed against the judgment of the Lahore High Court, dated 20.9 1978 in Criminal Appeal No. 692 of 1969 whereby Muhammad Gulzar, respondent (appellant before us) was convicted under section 302, P. P. C. for committing the murder of Khan Muhammad, and was sentenced to death and a fine of Rs. 3,000 as compensation to the heirs of Khan Muhammad deceased. 2. Prosecution case against the appellant is that on 28 5 1967 Khan Muhammad deceased, accompanied by his son Hashmat Ali P. W. 19 Rahmat Khan, P. W. 20 and Muhammad Nazir (not produced) left their village Tumair for Rawalpindi of 11 a.m., to enquire after the health of Khizar Zaman who was hospitalized some time earlier. When they were heading towards Chowk Cbirk to board a bus for Rawalpindi, and were proceeding near a hamlet known as Dhok Mujara, the amused persons emerged from a depression along the path and the assailants namely Muhammad Guizar, armed with a revolver, Kamal Khan and Muhammad Nawaz (the acquitted accused) armed with '12 bore guns, fired their fire arms simultaneously at the deceased which hit him and he expired instantaneously. The assailants decamped with their weapons. Rahmat Khan and Muhammad Nazir remained with the dead body while Hashmat Ali proceeded to P. S. Bhara Khan for report and lodged the F. I. R. Exh. P. A. at 2 30 p.m. which was recorded by Syed Chan Pir Shah, S. I. P. W. 22 who accompanied the reporter Hashmat Ali to the spot where he prepared the inquest report and the injury statement of the deceased and sent the dead body to the mortuary for post mortem examination. He collected some blood stained earth from the spot, blood stained wad Exh. P/1 and a pallet Exh. P/2, and took the same into possession vide Memos. Exhs. P. B. and P. C. 3. Dr. Rauf Beg Mirza performed the post mortem examination and found the following…

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