Law:

Section:

(a) Constitution of Pakistan (1973)----Art.185(3)--Penal Code (XLV of 1860), S.302--Murder--Leave appeal granted to consider as to whether eye-witness witness occurrence and as to whether Chhuri was in fact produced by accuse appellant so as to bring home guilt to him consistent with principles safe dispensation of justice. (b) Penal Code (XLV of 1860)-- --S.302--Murder--Evidence--Evidence of only eye-witness, wife deceased, found to be straightforward and material--No attempt made to show that she could not have witnessed occurrence from stall point--Statement of witness and recovery of knife from accused -appellant to be accepted without hesitation--Opinion of Courts below as assessment of testimony of eye-witness and securing of knife product by appellant upheld--Accused-appellant, however, not found to have intention to kill deceased but after grappling having taken place accuse( in heat of moment and under influence of his elders, causing fat blow--Held, extreme penalty not called for in circumstances of case­-Conviction under S. 302 maintained but sentence of death substitute by that of transportation for life. --[Sentence] Ijaz Hussain Batalvi, Advocate Supreme Court with M. A. Zafar Advocate Supreme Court for Appellant. Mian Inamul Haq, Advocate Supreme Court and Ejaz Ahmad Khan Advocate-on-Record (absent) for the State. Date of hearing: 21st and 22nd May, 1934. MUHAMMAD HALEEM C.J.-- This appeal, by special leave, arises from the judgment of the Lahore High Court, Lahore, dated 6th of June, 1978, by which Criminal Appeal was dismissed and the Murder Reference accepted. Leave to appeal was granted to consider as to whether Mst. Nasim Akhtar witnessed the occurrence, and as to whether the Chhuri was, in fact, produced by the appellant as alleged so as to bring home the guilt to him consistent with the principles of safe dispensation of justice. The deceased Dr. M.S.Khursand and his family lived in a portion of the building in the area of Tehzab Ahata Road, Lahore, and on the ground-floor he had his clinic for the last 30 years. Inayatullah, the landlord, also resided with his family in a portion of the building on the upper floor. He sued for ejectment…

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