Law:

Section:

Penal Code (XLV of 1860)--S. 302/34---Constitution of Pakistan (1973), Art.185(2)(a)---Appraisal of evidence---Case of accused stood on a different footing than that of the acquitted co-accused---Ocular testimony qua the accused had found confirmation from the recovery evidence and could safely be relied upon so far as they were concerned---Courts below had not committed any error in holding the accused responsible for causing the death of the deceased---Conviction and sentence of death passed upon accused were upheld in circumstances. Zahid Hussain Khan, Advocate Supreme Court instructed by Rana Maqbool Ahmed Qadri, Advocate-on-Record for Appellants. Nazir Ahmed Qureshi, Advocate Supreme Court for the State. Date of hearing: 14th April, 1992. JUDGMENT SAAD SAOOD JAN, J.---For causing the death of Muhammad Amir, deceased, and rioting, six persons including the two appellants and one Inayat were tried by the Additional Sessions Judge, Gujrat, on charges under section 302, read with sections 149 and 148, Pakistan Penal Code. The learned Additional Sessions Judge convicted the two appellants and Inayat of the offence under section 302 read with section 34 and acquitted the others. For the said offence he sentenced them to imprisonment for life and payment of fines. The three convicts filed an appeal before the High Court. The complainant party also filed a revision petition seeking enhancement of the sentences awarded to them by the Trial Court. The High Court acquitted Inayat but maintained the conviction of the appellants on the charge under section 302; it enhanced their substantive sentences to death. The appellants have now come in appeal to this Court. 2. The occurrence took place on ,6-12-1983 at Dopehrwela just outside the Railway Station, Harriah, in District Gujrat. According to the prosecution, shortly before the occurrence,…

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