Law:

Section:

Penal Code (XLV of 1860)-------S. 302--Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether High Court had followed the principle of administration of criminal justice in relying on the statements of two interested witnesses in the circumstances of the case and in absence of any independent corroboration specially when the deceased had enmity with others and also keeping in view the time of occurrence. ORDER FAZAL ILAHI KHAN, J.---Leave to appeal is prayed for in this case against the judgment of Lahore High Court dated 1-4-1986; whereby, the convict's appeal was dismissed and the death sentence and, fine of Rs.10,000 was confirmed. The occurrence was reported by Rahim Bakhsh, father of Muhammad Yar deceased, on 25-7-1984 at 7 a.m. in Police Station Dipalpur, District Okara in which it was alleged that on the night between 24th/25th of July, 1984 the deceased was asleep in front of his shop while he alongwith his other son; namely, Zulfiqar had gone to the tubewell for irrigation of his land. It was at about 2-30 a.m. that while they were returning to their house and on reaching near the shop of the deceased he heard hue and cry. When he approached he noticed that Muhammad Aslam was giving stab blows to Muhammad Yar deceased. On seeing them both the accused decamped from the spot but left his shoes there. The deceased expired after a while…

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