Law:

Section:

Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to examine the contention that High Court and Trial Court had not accepted the ocular testimony in respect of six out of seven persons put on trial and in the circumstances the rule of prudence required that the seventh person (present accused) should also not have been convicted unless independent corroboration with regard to the role ascribed to him in the occurrence was available and that no such confirmatory evidence existed on the record. ORDER SAAD SAOOD JAN, ACTG.CJ.---Seven persons, including the petitioner, were tried by the Additional Sessions Judge, Mianwali, on charges under sections 302 and 307, read with section 149, and section 148, Pakistan Penal Code, for causing the death of Khan Baig, deceased, and making murderous assault upon a number of persons. The learned Additional Sessions Judge acquitted the co-accused but convicted the petitioner on the charge under section 302, ibid, and sentenced him to suffer imprisonment for life and payment of Rs.20,000 as fine. The petitioner filed an appeal against his conviction and sentence in the High Court. The complainant party also filed a revision petition calling in question the acquittal of the co-accused and seeking enhancement of the sentence imposed upon the petitioner. A learned…

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