Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860)--   ---S.302--Contentions of petitioner (i) that prosecution had put forward a wholly false and concocted story; (ii) that murder had taken place inside the deceaseds house where it could not have been seen by any one; (iii) that two eye-witnesses had not been named by complainant in the F.I.R. and even when they appeared before the police they did not name any one as the assailant; (iv) that accused was shown to prosecution witnesses before identification parade; (v) that the police had concocted the story of extra-judicial confession; (vi) that prosecution had withheld two crucial witnesses which wa§ an extremely suspicious circumstance casting grave doubt on veracity of the prosecution case; (vii) that the recoveries were manoeuvred, and (viii) that grave miscarriage of justice had taken place in the case and an innocent man was likely to be hanged--Leave to appeal granted to consider whether the well-established principles of appreciation of evidence in criminal cases had been followed by Courts below.   ORDER ASLAM RIAZ HUSSAIN, J.--Muhammad Nawaz petitioner was tried, convicted and sentenced to death for the murder of Mst.Sughra Bibi. The sentence was confirmed by the High Court. Hence the petition for leave to Appeal. 2. The prosecution story briefly stated is that on the fateful day (i.e. 8-5-1982) Mst.Sughra Bibi (deceased) was murdered when she was alone in her house and her father-in-law, her husband and other members of the family were away. Her father-in-law, who was sitting at the tubewell of one Muhammad Din, was informed that his daughter-in-lark had been murdered in her house. He thereupon rushed to the house and found her dead. But nobody could tell him as to who had killed her. He then went to the police station and lodged the F.I.R. in which he did not name any one as the culprit but only expressed doubt against one Muhammad Asghar who had earlier asked for the hand of the deceased but was refused. Later, on the same day, the police recorded the statements of two persons namely Rehmat Ali (P.W.9) and Muhammad Ramzan (P.W.11) who stated that they had seen the occurrence and had chased the accused; who…

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