Law:

Section:

Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art. 185(3)---Contentions that occurrence was an un-witnessed one having taken place during dark hours of the night, presence of eye-witnesses was not established and the accused had been falsely implicated on mere suspicion and inordinate delay had occurred in lodging the F.I.R., required examination---Leave to appeal was, therefore, granted to the accused. ORDER MUHAMMAD RAFIQ TARAR, J: --Zafar Hayat petitioner seeks leave to appeal from the judgment of a learned Division Bench of the Lahore High Court dated 21-8-1991 whereby his death sentence under section 302, P.P.C. was altered to imprisonment for life and with this modification his appeal was dismissed.. Sher Muhammad complainant has moved Criminal Petition No.9/L/92 seeking enhancement of the sentence of the convict. 2. . The petitioner was tried on the allegation that on the night between 20/21-4-1987. at about 12/1-00 (mid-night he committed the murder of Muhammad Naut, son of Sher Muhammad by firing at him in a street of Chak No.58/NB. 3. The F.I.R. version was that on the fateful night Sher Muhammad complainant, his son Muhammad Naut, his (complainant's) brother Dost Muhammad and Ghulam Yaseen P.Ws. returned from Khushab by a bus. From Bus Stand Dharayma they went to their Chak on foot. At about 12/1-00 (mid-night) they were passing through the street when War Hayat armed with a gun suddenly confronted them and after…

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