Law:

Section:

Penal Code (XLV of 11360)-----Ss.302/34 & 325/34---Constitution of Pakistan (1973), Art. 185(3)----Leave to appeal---Ocular testimony was found trustworthy which was corroborated by medical evidence as well as by recovery of weapon of offence at the instance of accused---Motive was also found to have been established by reliable evidence whereas no material was available to support defence version---Compromise allegedly reached between parties was immaterial as accused had already been awarded lesser sentence---Conviction and sentence awarded to accused, were well-founded and not liable to interference---Petition, though barred by three days, was considered on merits and was dismissed. ORDER ZAFFAR HUSSAIN MIRZA, J.--The petitioner was'tried along with his brother Muhammad Nazir for the murder of Mst. Naziran Bibi deceased and for causing hurt to her husband Muhammad Razaq P.W. The trial Court convicted the petitioner under section 302/34 P.P.C. on the first count and sentenced him to imprisonment for life as well as to fine etc. He was also convicted on the second count under section 325/34 P.P.C. and sentence to undergo one year's R.I. Muhammad Nazir convict, however, died during the pendency of the appeal in the High Court, although this fact was not brought to the notice of the Court. The case of the prosecution is that the petitioner was the main culprit who inflicted a single injury to the deceased with hatchet when she intercepted the petitioner and his brother during their assault on her husband who was given five blunt weapon injuries. The medical evidence shows that the main injury inflicted upon the deceased consisted of incised wound on the vital part of the body namely on the head cutting and fracturing the skull bone. The prosecution relied on the oral testimony furnished by Muhammad Iqbal P.W.9 who was attracted by the commotion to the scene of the occurrence and Muhammad Razaq the injured husband of the deceased. According to the version of the petitioner in his 342, Cr.P.C. statement the deceased was murdered by her husband injured Muhammad Razaq (PW) on…

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