Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302---Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted on the jail petition of the accused for reappraisal of evidence in the case. (b) Penal Code (XLV of 1860)--S. 302---Appraisal of evidence---Neither any infirmity in the findings of High Court nor any misreading of evidence in. the case by the two Courts below could be pointed out---Conviction and sentence of accused were maintained in circumstances. JUDGMENT SAEEDUZZAMAM SIDDIQUI, J---Appellant, Ali Bahadur Shah, was tried under section 302/34, P:P.C. alongwith Mazhar Hussain for committing murder of Ibrar Hussain Shah during the night between 3/4 October 1987 in the house of deceased. The trial Court convicted the appellant under section 302, P.P.C. and sentenced him to death in addition to fine of Rs.10,000 and in default thereof to suffer R.I. for one year. The fine, on recovery, was directed to be paid as compensation to the heirs of the deceased. Co-accused Mazhar Hussain was acquitted in the case by the trial Court. The High Court while disposing of the appeal of the appellant and the murder reference of the trial Court maintained the conviction of appellant under section 302, P.P.C. but altered the death sentence of the appellant to imprisonment for life. However, sentence of fine awarded by the trial Court was maintained. Leave was granted on the jail petition of the appellant for reappraisal of the evidence in the case. Learned counsel for the appellant contended before us that the incident, according to F.I.R. had taken place at 2 a.m. in the night and, therefore, the possibility that the prosecution witnesses were not able to identify the accused, could not be ruled out. It is also contended by the learned counsel that all the eye-witnesses in the case were related to the deceased and as such the High Court should have refused to uphold the conviction of appellant on the uncorroborated `testimony of interested witnesses in the case. It is further contended by the learned counsel that the prosecution failed to prove any motive on the part of the appellant to kill the deceased and if the motive alleged against the appellant was correct,…

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