Law:

Section:

(a) Penal Code (XLV of 1860) S. 302 Constitution of Pakistan (1973), Art. 185(3) Leave to appeal was granted to evaluate the evidence brought on record in order to find out whether principles of administration of criminal justice had been complied with or not as on the basis of same evidence Trial Court had acquitted three persons and High Court in appeal another two persons, and to consider whether evidence of recoveries was not credible and defence evidence if read in juxtaposition with prosecution case would render the case against accused doubtful. [Evidence]. (b) Penal Code (XLV of 1860) S. 302 Appraisal of evidence Ocular evidence was fully corroborated by circumstantial evidence and the conclusions drawn by High Court from prosecution evidence did not suffer from any infirmity Conviction and sentence of accused were upheld in circumstances. JUDGMENT SAIDUZZAMAN SIDDIOUI, J. The appellant alongwith co accused Abbas, Ali Nawaz, Imam Ali, Pathan, Sajan, Ghulam Qadir alias Qadoo, was tried for murder of one Abdul Wahid and for launching murderous assault on Gul Hasan (P.W.10) and Shamsuddin (P.W.5) under section 302/148/149/307, 504/149, P.P.C. by the Additional Sessions Judge, Nawabshah. Imam Ali, one of the accused, absconded during the trial and he was declared absconder by the trial Court on 16 7 1990. Out of the remaining accused in the case the trial Court found the appellant, Abbas and Ali Nawaz guilty of the offence of murder of Abdul Wahid and accordingly, convicted them under section 302, P.P.C. and sentenced them to life imprisonment and fine of Rs.5,000 each or in default of payment of fine to suffer further R.I. for one year. The amount of fine on recovery was directed to be paid to the heirs of the deceased by way of compensation. On appeal by the appellant, Ali Nawaz and Abbas against their conviction and sentence as aforesaid a learned Judge in Chambers of the High Court of Sindh, acquitted accused Ali Nawaz and Abbas in the case giving them the benefit of doubt but maintained the conviction and sentence of the appellant extending him the benefit of section 382 B, Cr.P.C. Leave was granted against the judgment of High Court in the case on the…

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