Law:

Section:

(a) Penal Code (XLV of 1860) S. 302 Constitution of Pakistan (1973), Art. 185(3) Leave to appeal was granted to consider whether conviction could be safely based on the evidence available on the record. (b) Penal Code (XLV of 1860) S. 302 . Appraisal. of evidence Nature of the injury suffered by the deceased on the skull was corroborated by the blood stained hammer recovered at the instance of the accused Prosecution evidence emanating from the witnesses having no animus against the accused could not be shattered by the defence counsel Accused's sudden disappearance from the incomplete under construction house where he was living with the deceased had fortified the irresistible conclusion that he had murdered the deceased Conviction and sentence of accused were upheld in circumstances. JUDGMENT MANZOOR HUSSAIN SIAL, J: Shaukat Ali, appellant was charged for the murder of Abdul Zahir. He was tried by learned Additional Sessions Judge, Quetta, who found him guilty and vide judgment dated 28 11 1991, convicted him under section 302, P.P.C. and sentenced him to imprisonment for life and fine of Rs.25,000 or in default to suffer R.I. for two years. Anwar Masih co accused was acquitted. Zulfiqar co accused was shown as absconder by the police. 2. The appellant challenged the order of his conviction and sentence, in appeal, which was dismissed on 4 1 1992, by Division Bench of the Balochistan High Court. 3. Aggrieved by the impugned order, the convict tiled petition for leave to appeal, through Jail, wherein, leave to appeal was granted by this Court to consider whether it would be safe to base conviction on the evidence available on the record. 4. The incident took place on the intervening night between 30th September, and 1st October, 1989, in the under construction house of the deceased situated at Bilal Colony, Satellite Town, Quetta. Abdul Ghani who resided in front of the house of the deceased, lodged first information report on 1 10 1.989, at 2 05 p.m. at Police Station Satellite Town, Quetta. According to the prosecution, the appellant used to work as mason with Abdul Zahir. Both of them lived in one room of the under construction house. The deceased had…

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