Law:

Section:

Penal Code (XLV of 1860)--S. 302---Criminal Procedure Code (V of 1898), S. 382-B---Constitution of Pakistan (1973), Art. 185(3)---Re-appraisal of evidence---Grant of benefit of S.382-B, Cr.P.C.---Nothing was available on record to suggest that any serious enmity existed between the parties prompting eye-witnesses to falsely involve accused in case of heinous nature---Eye-witnesses would not have faced any difficulty in identification of assailant in a daylight occurrence---Role attributed to accused in occurrence, fully fitted in with medical evidence---Recovery of blood-stained dagger at behest of accused from deserted place had lent corroboration to ocular testimony---Being a case of solitary injury, there was no reason for substitution of assailant---In absence of any misreading of evidence and non-consideration or non-appreciation of any material piece of evidence by Courts below, no ground was made out for interference by Supreme Court--­Judgments of Courts below being silent with regard to grant of benefit of 5.382-B, Cr.P.C., said benefit was granted to accused---Petition for leave to appeal was dismissed. JUDGMENT SH. IJAZ NISAR, J.---Leave is sought against the judgment, dated 6-10-1997, passed by the Lahore High Court, Lahore in Criminal Appeal No.24 of 1990. 2. The facts, in brief, are that Muhammad Asif alias Assu Billa petitioner and Liaqat Ali were tried for the murder of Allauddin deceased with a dagger. Liaqat Ali was acquitted, while Muhammad Asif alias Assu Billa petitioner was convicted under section 302, P.P.C. and sentenced to imprisonment for life and to pay a fine of Rs.2,000 or in default to undergo R.I. for one year, with further direction to pay compensation under section 544-A, Cr.P.C. 3. The prosecution case is that a day before the occurrence a quarrel had taken place between the petitioner and Allauddin deceased. On the eventful day i.e..2-3-1989 at 5.45 p.m. Allauddin deceased had gone to the Railway ground to witness a volleyball match in the accompany of his brother Siraj Din complainant. As soon as they reached there the petitioner accompanied by his co-accused attacked the deceased. The petitioner inflicted Khunjer blow on the…

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