Law:

Section:

Constitution of Pakistan (1973)------Art. 185(3)--Penal Code (XLV of 1860), 5.302/34--Leave to appeal, grant of--Reappraisal of evidence--Petition against conviction--Day time occurrence--Prosecution relying upon ocular evidence and motive of crime--Findings of fact reached by Courts below not suffering from any legal infirmity--No case made out for reappraisal of evidence by Supreme Court--Leave to appeal refused. ORDER MUHAMMAD AFZAL ZULLAH, J.-- Leave to appeal has been sought from judgment dated 20th July, 1981, of the Lahore High Court; whereby petitioners' appeal against conviction and sentence of life imprisonment as also fine in a murder case, was dismissed. The petitioners and Ghulam Elahi their deceased co-accused it was the prosecution case, murdered Munawar Hussain their co-villager for the motive that the latter had illicit connection with the daughter of said Ghulam Elahi accused. They waylaid the deceased, Muhammad Ashraf and Tariq petitioners gave blows to the deceased with sharp-edged weapons while their co-accused Ghulam Elahi had exhorted them to commit the crime. The occurrence was witnessed by Fazal Elahi P.W. a maternal-uncle of the deceased and Muhammad Elahi P.W. who is not related to the parties and appears to be an independent witness. In addition to the motive and ocular evidence, the recovery of a knife from Muhammad Ashraf was sought to be proved against him at the trial but it has not been relied upon. The occurrence is of day time and the F.I.R was very prompt. The names of the accused are…

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