Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)--S. 302--Constitution of Pakistan (1973), Art. 185(3)--Supreme Court Rules, 1980, O. XXIII, R. 2--Jail petition--Condonation of delay--Accused confined in jail--Delay of 22 days condoned in circumstances. (b) Penal Code (XLV of 1860)-- ---S. 302--Evidence, appreciation of--Identity of accused was not mistaken-­Presence of eye-witnesses at place of occurrence was not doubted--Eye-witnesses charged accused for inflicting injuries to deceased and their version was fully corroborated by medico-legal report--No acute dispute existed between parties for implicating accused falsely--Motive established --Defence put forward was not convincing--Conviction of accused, HELD, was well-founded. OPINION ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal against the order of a learned Single Judge of the Lahore High Court, Multan Bench, dated 23-2-1988, whereby the conviction and sentence of the petitioner under section 302, P.P.C. has been maintained and has been allowed the benefit of section 382-B, Cr.P.C. 2. 2. The petition is reported to be barred by 22 days. Since the petitioner is confined in jail, the delay is condoned. 3. I have gone through the evidence and the judgments of the Courts below. Though the occurrence in this case had taken place at about midnight but there is hardly a possibility of mistaken identity of the petitioner in that he is residing ink the same locality, close to the house of the complainant and before inflicting the fatal…

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