Law:

Section:

(a) Penal Code (XLV of 1860)------S.302---Constitution of Pakistan (1973), Art.185(3)---Participation of accused in the occurrence was established by strong independent corroboration of the eye-witne°ss account---Leave to appeal refused. (b) Penal Code (XLV of 1860)--- ---S.302---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal granted to consider the contentions that no acceptable corroboration qua accused was forthcoming and assumption by High Court about recovery of weapon of offence was due to misreading and non-reading of evidence---Petition filed by complainant was also ordered to be heard alongwith the appeal. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought in these two petitions in a case of culpable homicide--one is by the complainant side (Cr. P. No.116 of 1988) and the other is by the accused/convicts side (Cr. P. No.125 of 1988). Several accused were involved in this case. Only two have sought leave to appeal against their conviction under section 302, P.P.C. with sentence of life imprisonment for each. They are Bashir Ahmad and Muhammad Rafiq petitioners in Cr. P. No.125 of 1988. After hearing their learned counsel, at some length, we find no justification for grant of leave to appeal to Muhammad Rafiq convict. His participation in the occurrence is established by…

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