Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302(b)---Reappraisal of evidence---Knife injury on vital part of deceased resulting in his death---Medical evidence showing incised wound skin deep on palmer side of middle finger of mother of accused---Such incised wound, if assumed to be caused by deceased, would not warrant/permit accused to cause fatal injury on vital part of deceased, which ultimately resulted in his death-Delay of three months in lodging F.I.R. was explained therein---Accused was solely charged with commission of offence and prosecution witnesses had fully implicated him---Ocular evidence of prosecution witnesses was unimpeachable and confidence-inspiring---Prosecution version was corroboration by medical evidence, recovery of blood-stained Chhuri at pointation of accused and its confirmation by Examiner and Serologist---Prosecution had proved guilt of accused beyond reasonable doubt---Conviction and sentence of accused was upheld, however, fine imposed upon him was treated as compensation under S.544-A, Cr.P.C. to be paid to legal heirs of deceased, but in failure of its recovery, accused would suffer six months imprisonment. (b) Penal Code (XLV of 1860)--- ----S. 302---Reappraisal of evidence---Knife injury on vital part of deceased, inflicting of---Justification---Medical evidence showing incised wound skin deep on palmer side of middle finger of mother of accused---Such incised wound, if assumed to be caused by deceased, would not warrant/permit accused to cause fatal injury on vital part of deceased, which ultimately resulted in his death. (c) Penal Code (XLV of 1860)--- ----S. 302---Reappraisal of evidence---Knife injury on vital part of victim, inflicting of---Effect---Such injury would be sufficient in normal course of circumstance to cause death of victim. JUDGMENT HAMID ALI MIRZA, J.---This jail petition for leave to appeal is directed against judgment, dated 10-2-2005 in Criminal Appeal No.1025 of 2002 passed by learned Single Judge of the Lahore High Court, Lahore, whereby said appeal was dismissed maintaining the judgment dated 23-4-2002 of Additional Sessions Judge, Faisalabad, whereby petitioner was convicted under section 302(b),…

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