Law:

Section:

(a) Penal Code (XLV of 1860)---Ss.302/34 & 307/34---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted for the reappraisal of evidence on certain points formulated in the : --[Evidence]. (b) Penal Code (XLV of 1860)--Ss.302/34 & 307/34---Appreciation of evidence ---F.I.R. had been promptly lodged containing exhaustive details of the occurrence including the role of the accused---Presence of complainant on the spot at the time of occurrence was natural and the presence of other eye-witness on the spot could not be doubted because of the stamp of injury on his person---Ocular evidence was supported by circumstantial evidence as well---Knives recovered at the instance of accused were found to have been stained with human blood---Motive as disclosed was sufficient to incur the wrath of accused to the extent of attempting at the lives of the complainant party in the prevailing circumstances of the area---Conviction and sentences of accused were maintained in circumstances. (c) Penal Code (XLV of 1860)--- ----Ss.302/34 & 307/34---Appraisal of evidence---Criminal Courts can sift the grain from the chaff and acquit some of the accused as a matter of abundant caution by giving them the benefit of doubt without, in any way, impairing the veracity of the witnesses qua the other accused whose involvement in the occurrence is free from doubt and the part attributed to them is established from direct as well as circumstantial evidence. JUDGMENT WALI MUHAMMAD KHAN, J.---Abdul Aziz and Muhammad Sultan, appellants herein, through leave of the Court, call in question the judgment dated 13--10-1990 passed by a learned Division Bench of the Lahore High Court, whereby their appeal against their conviction and sentences under sections 302/34 and 307/34, P.P.C. was dismissed with the only modification that the death sentence imposed upon Abdul Aziz was reduced to life imprisonment and, in consequence, the murder reference made by the learned Sessions Judge vide his order dated 15-3-1988 was not confirmed. Leave was granted for the reappraisal of evidence on the following points:-- "(1) According to F.I.R. and ocular evidence, four accused persons…

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