Law:

Section:

Penal Code (XLV of 1860) Ss. 302 & 307 Constitution of Pakistan (1973), Art. 185(3) Both the Courts below had accepted the statements of eye witnesses against the accused and there was no misreading of evidence Abscondence of accused after the occurrence had been proved on the record Leave to appeal was refused in circumstances. JUDGMENT ABDUL QADEER CHAUDHRY, J: Leave to appeal has been sought against the judgment of the High Court dated 13 2 1993. 2. The facts in brief are that Muhammad Ismail complainant lodged a report with P.S. Chak Jhumra, Faisalabad, stating therein that Sift Nawaz and Niyar Nawaz had beaten Rizwan and Irfan 7/8 months prior to the occurrence. Rizwan and Irfan suspected that Maqsood Ahmad and Muhammad Aslam were helping Sift Nawaz. On the day of occurrence Rizwan Ahmad armed with rifle and Irfan (acquitted accused) armed with 'a gun came there; they raised Lalkara; Rizwan fired with his rifle which hit Maqsood Ahmed on the right side of his chest. The acquitted accused made a second shot which. hit on the right jaw of Muhammad Aslam P.W. 3. The trial Judge convicted the petitioner under sections 302 and 307, P.P.C., and sentenced to death plus fine under section 302, P.P.C.; and 7 years' R.I. with fine under section 307, P.P.C. The co accused was acquitted. The High Court by the impugned judgment maintained the conviction, but reduced the sentence of death to life imprisonment. 4. The P.Ws. 7, 8 and 9 have deposed about the facts and implicated the petitioner. They attributed a specific role to the petitioner. The petitioner was convicted on the basis of direct evidence, motive and absconsion. 5. The learned counsel for the petitioner has submitted that on the same set of evidence the co accused was acquitted, but' the…

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