Law:

Section:

Penal Code (XLV of 1860)--S. 3.02---Constitution of Pakistan (1973), Art.185(3)---Contentions were that High Court's having been announced after eight months of hearing of arguments stood vitiated; that acquittal of co-accused and dismissal of State appeal there against by High Court was enough to falsify the prosecution version against the accused; that suppression of an incised stitched wound on the abdomen of the deceased as a result of operation, by the complainant had cast a serious doubt on the integrity of the whole prosecution case and that ocular testimony furnished by highly interested eye-witnesses could not be believed in the absence of strong corroboration---Leave to appeal was granted to accused in the interest of safe administration of criminal justice to reappraise the evidence in the light of the contentions. Khawaja Sultan Ahmad, Senior Advocate Supreme Court with S. Abul Aasim Jafri, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing: 3rd April, 1996. ORDER MUHAMMAD BASHIR JEHANGIRI, J.---This petition for leave to appeal seeks to challenge the judgment of a learned Single Judge of the Lahore High Court, Lahore, dated 4-2-1996 whereby the conviction of the petitioner under section 302, P.P.C. and sentence of imprisonment for life and a fine of Rs.15,000 or in default to undergo rigorous imprisonment for two years recorded by the learned trial Judge was upheld. 2. On 24-9-1989 at 7.00 p.m. statement Exh.PE of Jaffar Hussain father of lbrar Hussain deceased was recorded by Syed Bahadar Ali Shah, S.H.O. (P.W.10) at Canal Bridge Bungalow, Tandlianwala, on the basis of which a formal F.I.R. Exh.PE/1 was registered at 7.15 p.m. in Police Station, Tandlianwala, District Faisalabad. It was alleged in the report that at about 9.00 a.m. Anwar Iqbal co-accused of the petitioner (since acquitted) called out Ibrar Hussain from his house and took him alongwith him in the presence of the complainant towards the metalled road. Suspecting some foul play, Jaffar Hussain also followed them. Anwar Iqbal acquitted accused and lbrar Hussain reached near a 'khokha' of Tea on Samundari Road where the petitioner was already present duly armed with…

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