Law:

Section:

(a) Constitution of Pakistan (1973)----- Art. 185(3)-Penal Code (XLV of 1860), S. 302-Murder--Leave to appeal granted to consider whether (i) there was delay in lodging F. I. R.; (ii) version of occurrence, given in F. 1. R. was materially different from that given at trial; (iii) motive was neither proved nor sufficient, and (iv) solitary statement of eye-witness could form sole basis of conviction. (b) Penal Code (XLV of 1860)- --- S. 302-Murder-Evidence-Eye-witness closely related to accused and nothing brought out to show any animus for falsely implicating him in case-No suggestion put to him in line with defence plea that eye-witness had himself killed deceased-Evidence of such eye-witness corroborated by circumstance of recovery of empty from spot which matched with gun recovered at instance of accused-Exclusion by High Court of such circumstantial evidence, in absence of evidence of tampering only on account of delay in despatching empty-Held, not justified that conviction and sentence of accused by Courts below, on material available on record was fully merited. Maqbool Elahi Malik, Advocate Supreme Court instructed by S. Inayat Hussain Advocate-on-Record for Appellant. K Bhatti, Advocate Supreme Court instructed by S. Abid Nawaz, Advocate-on-Record (absent) for the State. Date of hearing: 6th December, 1983. JUDGMENT M. S. H. QURAISHI, J.-This appeal by leave of the Court is directed against the judgment of the Lahore High Court, dated 25-3-1980 dismissing the appellant's appeal from his conviction under section 302 for the murder of Manzoor Elahi deceased and the sentence of imprisonment for life and a fine of Rs. 1,000 recorded by the Court of Session, Attock, on 30-4-1978. 2. The relevant occurrence took place on 2-9-1975 at digar-wela in Dhok Dastowal, 18 miles from P. S. Talagang. Deceased Manzoor Elahi and his stepfather Sher Muhammad complainant were present in their field exercising their bullocks preparatory to participation in Talagang cattle fair. The appellant appeared with a gun and challenging the deceased, who was holding the bullocks, fired at him, thereby causing his death at the spot. The appellant then ran away with his gun. The…

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