Law:

Section:

Penal Code (XLV of 1860)-------Ss. 302/34 & 307/34---Constitution of Pakistan (1973), Art. 185(3)---High Court had neither adverted to the defence plea nor considered the effect of the evidence of the injured witness who did not support the prosecution case---Leave to appeal was granted for reappraisal of evidence keeping in view the principles of safe administration of justice in criminal cases. ORDER SAIDUZZAMAN SIDDIQUI J.---The petitioners who were tried for committing murder of Mst. Razia Bibi and causing murderous assault on Mst. Anwar Bibi have filed above jail petition seeking leave to appeal against the judgment of Lahore High Court dated 3-6-1992 whereby the learned Judges confirmed the conviction and sentences of both the petitioners awarded by the trial Court. The learned counsel for the petitioner in seeking leave to appeal contended before us that the learned Judges of the High Court while confirming conviction and sentences awarded by the trial Court failed to advert to the evidence of the only injured witness in this case namely Mst. Anwar Bibi who did not support the case of prosecution. The entire prosecution case was considered by the learned Judges of Divisional Bench in paragraph 10 of the judgment as follows:-- "Admittedly, there is no background of enmity between the eye­witnesses and the appellants, mere relationship of the eye-witnesses…

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