Law:

Section:

(a) Penal Code (XLV of 1860)-----S. 302---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether the Courts below were right in relying upon the ocular testimony for convicting the accused of the murder of the deceased. (b) Penal Code (XLV of 1860)--S. 302---Appraisal of evidence---Motive for the occurrence set up by the prosecution was not convincing---Accused could not be said with any measure of confidence to have absconded after the occurrence---Ocular testimony was not worth implicit reliance for conviction on the charge of murder which was not even corroborated by any credible evidence---Accused was acquitted in circumstances. M.A. Zafar, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Appellant. Kh. Shaukat Ali, Advocate Supreme Court and Rao Muhammad Yousaf, Advocate-on-Record for the State. Date of hearing: 23rd April, 1995. JUDGMENT SAAD SAOOD JAN, J.---The appellant Muhammad Aslam alias Bodi, was tried alongwith his brothers, Mushtaq alias Tikha and Muhammad Akram alias Goga, by the Additional Sessions Judge at Lahore on charges under sections 302 and 307 read with section 34, Pakistan Penal Code, for causing the death of Muhammad Akram, deceased, and making murderous assault upon his brother Sabir Hassain (P.W.4). The learned Trial Court acquitted Muhammad Akram alias Goga on both charges. It convicted the appellant on the charge under section 302 alone and sentenced him to death in addition to payment of fine and compensation. It convicted Mushtaq alias Tikha on the charge under section 307 alone and sentenced him to rigorous imprisonment for a period of seven years in addition to payment of fine and compensation. On appeal and reference, the High Court maintained their convictions but reduced the substantive sentence of the appellant to imprisonment for life and of Mushtaq alias Tikha to the period already undergone by him. The appellant has filed this appeal in this Court by special leave to challenge his conviction and sentence. 2. The occurrence took place in the early hours of 23-7-1987 in front of the slaughter house at Bakkar Mandi, Lahore. Sabir Hussain (P.W.4) had a tea shop…

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