Law:

Section:

(a) Penal Code (XLV of 1860) S. 302 Appreciation of evidence Testimony of prosecution witness was doubtful When the presence of' an eye witness had been challenged the medical evidence though in conformity with the statement made by him could hardly be treated as a corroborative piece of evidence to support his testimony. (b) Penal Code (XLV of 1860) S. 302 Appreciation of evidence Chance witness Such witness had not convincingly explained his presence at the place of occurrence at the odd hours of the night If no evidence was available to corroborate the testimony of a chance witness the same had to be excluded from consideration. (c) Penal Code (XLV of 1860) S. 302 Appreciation of evidence Motive High Court having discarded the motive, Supreme Court declined to disagree with the High Court. (d) Penal Code (XLV of 1860). S. 302 Appreciation of evidence Recovery of gun could not be relied upon same having not been sent for examination of the Fire Arm Expert. JUDGMENT SALEEM AKHTAR, J. The appellant with the leave of the Court has challenged the judgment of the learned Judges of Division Bench of the High Court, whereby his death sentence under section 302, P.P.C. was altered to imprisonment for life and with this modification the appeal was dismissed. Sher Muhammad complainant has also filed Cr. Petition No. 9 L of 1992 seeking enhancement of the sentence of the appellant which is to be heard alongwith this appeal. 2. According to the F.I.R. on the night between 20th/21st April, 1987 at about 12/1.00 midnight Sher Muhammad complainant, his son Muhammad Nawaz deceased, complainant's brother Dost Muhammad and Ghulam Yasin returned from Khoshab by a bus. From the bus stand Dharema they went to their Chak on foot. While they were passing through the street Zafar Hayat the appellant armed with a gun suddenly confronted them and after raising Lalkara that he would take revenge for the insult, fired at Muhammad Nawaz who died at the spot. As to the motive, it was alleged that about 4/5 days before the incident Muhammad Nawaz had reprimanded the appellant on his having illicit relation with Mst. Nusrat wife of Mian Muhammad who was residing in the neighbourhood. The…

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