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Penal Code (XLV of 1860)-- ---S. 302--Constitution of Pakistan (1973), Art. 185(3)--Appreciation of evidence-- Petition against conviction--Charge under S.302, P.P.C. found to have been brought home to accused /petitioner to hilt--No reason to doubt statement of complainant husband of deceased in whose presence offence was committed and medical evidence supporting prosecution version--Petition being devoid of merits, dismissed. ORDER MIAN BURHANUDDIN KHAN, J.-- By this petition leave is sought to appeal against the of a learned single Judge of the Lahore High Court dated 13-10-1982, passed in Criminal Appeal No. 402/1981, on the following grounds:-- (i) That the learned single Judge had erred in law in coming to the conclusion that the motive was proved in this case. (ii) That Tufail Hussain PW. 3 had admitted in his statement before the Police as well as in his cross-examination that his wife had left his house 7/8 days before the occurrence and began to reside in the house of one Wali Sher in Chak No. 47, Mureedkay who was a close relative of Ata Muhammad Gujjar. In view of this admission to believe that he was not annoyed with his wife and that the present petitioner had murdered the deceased out of ill-will and spite, amounts to complete misreading of the evidence on record. (iii) That the recovery of the blood-stained knife has been made in violation of the provisions of section 103 of the Cr.P.C. as none of the persons of the locality was made a witness to attest the recovery. (iv) That the prosecution evidence is otherwise highly interested and inimical to the accused. 2. Accused /petitioner Riaz Hussain and his father Yasin Shah were tried by the learned Additional Sessions Judge, Gujranwala for committing the murder of one Mst. Sharifan. Yasin Shah was acquitted while the accused petitioner was convicted under section 302, P.P.C. and sentenced to imprisonment for life and fine. His appeal was also dismissed by the learned High Court vide the impugned dated 13-10-1982. 3. It is in evidence that on 1-9-1977 at 12-00 noon Tufail Hussain complainant P.W. 3, his wife Mst. Sharifan deceased, his…

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