Law:

Section:

On appeal from the order of Lahore High Court dated 19-10-1994 passed in Cr. A. 106/91 and M.R 189/91. Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to accused to consider whether in view of the admitted enmity between the prosecution witnesses and the accused the testimony of two eye-witnesses in the case had found sufficient corroboration from any other independent piece of evidence in the case to sustain the conviction on the capital charge in view of the principle of safe administration of justice in such cases. S.M. Tayyab, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing: 5th April 1995. ORDER SAIDUZZAMAN SIDDIQUI, J.---The petitioner is seeking leave to appeal against the judgment of Lahore High Court dated 19-10-1994 whereby the learned Judges of the Division Bench while maintaining the conviction of the petitioner under for life with benefit of section 382-B, Cr. P. C. The petitioner alongwith his two brothers Nazir and Naveed alias Najja accused petitioner to death having found him guilty of the murder of Mubarak Ali under section 302, P.P.C. He was also sentenced to tine of Rs.10,000 or in default thereof to undergo R.I. for two years. A sum of Rs.20,000 was also ordered to be paid as compensation to the legal heirs of the deceased under section 544-A, Cr.P.C. The petitioner has been convicted in the case on the basis of the ocular testimony furnished by Ghulam Farid P.W.6 and Nawab P.W.7. Both the witnesses in the case were closely related to the deceased. In seeking leave to appeal against the judgment of the High Court, the learned counsel contended that no crime weapon was recovered from any of the accused, although in the F.I.R., the petitioner was stated to be armed with carbine while co-accused since acquitted namely, Nazir Ahmed was armed with pistol and Naveed was allegedly armed with .12 bore gun. It is also contended by the learned…

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