Law:

Section:

(a) Constitution of Pakistan (1973)--- Art. 185(3)-Penal Code (XLV of 1860), S. 302/34-Leave to appeal granted to accused to re-examine question whether evidence against him had been assessed and evaluated in consonance with the established principles for the purpose.-[Evidence]. (b) Penal Cole (XLV of 1860)- -- S. 307/34-Murder--Motive-Witnesses having no motive, what­soever, to falsely implicate accused-Maker of F. I. R. also not knowing of anything about motive--Ocular witnesses having no knowledge of motive though they mentioned that acquitted co-accused bad shouted that they were taking revenge"-Held, in such situation, absence of motive was inconsequential.-[Motive]. Abdur Rashid v. Umid Ali P L D 1975 S C 227 ref. A. Aziz Dastgir, Advocate-on-Record for Appellant. Muzaffar Hassan, Advocate-on-Record for Respondent. Date of hearing: 9th January, 1984. JUDGMENT M. S. H. QURAISHI, J.-Appellant Wali Muhammad and his co-accused Haji Muhammad Siddik had been found by the trial Court guilty under section 302 /34, P. P. C. of the murder of Feroze Din deceased and sentenced to imprisonment for life and a fine of Rs. 2,000 or in default in payment thereof to further R. 1. for two years each. On appeal, the High Court acquitted Haji Muhammad Siddik but maintained the conviction and sentence of the appellant. Leave was granted to him to re-examine whether the evidence against him bad been assessed and evaluated in consonance with the established principles for the purpose. 2. The relevant occurrence took place on 18-10-1975 at 4-45 p.m. at the Railway Station Behram, District Larkana, about a furlong from the nearby Police Post. A. S. I. Muhammad Usif on hearing a commotion and pistol shots coming from the Railway Station, rushed there along with three of his subordinates and saw the appellant armed with a hatchet and the co-accused with. a pistol, running away from the railway station. When challenged by him, they stopped and were apprehended. The appellant's hatchet was stained with blood. They were taken to the spot where the deceased was found lying dead at the railway track with hatchet injuries on his neck and back. The weapons were recovered and a report was…

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