Law:

Section:

Penal Code (XLV of 1860) S. 302 Constitution of Pakistan (1973), Art. 185(3) Contention was that the prosecution case against the accused was founded entirely on ocular testimony which having been disbelieved by Trial Court in respect of four co-¬accused could not be relied upon to convict the accused on capital charge without independent corroboration which was not available in the case Leave to appeal was granted to examine the contention. ORDER SAAD SAOOD JAN, J. This is a petition for Special Leave to Appeal from the judgment dated 9 5 1992 of the Lahore High Court, upholding the conviction of the petitioner on a charge under section 302, Pakistan Penal Code, and confirming the sentence of death imposed upon him by the Additional Sessions Judge, Gujranwala. 2. The occurrence took place on 5 3 1987 at 3 30 p.m. in Botala Sharm Singh near Gujranwala City. Bashir Ahmad, deceased, was a tonga driver. According to the prosecution, at the relevant time, he was passing by the scene of occurrence on his tonga with some fares including Nazir Hussain (P.W.5). Muhammad Siddiq, co accused was standing by the side of the road. He threw his cycle in front of the tonga. The deceased stopped his tonga, got down and started running to save his life. A Suzuki Pickup was parked in the vicinity of the place of occurrence. The petitioner along with three other persons, namely, Nasarullah, Ijaz Ahmad and Ghulam Nabi got out of the Pickup. The petitioner and Nasarullah were armed with carbines, Ijaz Ahmad was carrying a .32 bore revolver and Ghulam Nabi had a .12 bore shot gun. The petitioner fired at the deceased who was hit in the stomach. His companions also indulged in some ineffective firing. Thereafter, they all escaped in the Pickup. The deceased succumbed to his injuries after a short while. 3. The motive for the occurrence was stated to be the murder…

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