Law:

Section:

(a) Penal Code (XLV of 1860)------- S. 302-Conviction of murder ­Special Leave to Appeal granted by Federal Court to consider ques­tion whether proper weight had been attached by High Court to findings of trial Judge who enjoyed advantage of seeing and hearing witnesses. (b) Penal Code (XLV of 1860)--- ----S. 307/149-Conviction under S. 307/149 in absence of finding that at least five persons partici­pated in attack-Questionable. (c) Penal Code (XLV of 1860)--- ---S. 302-Tendency to implicate innocent members of opposite faction along with guilty does exist but false implication cannot be supposed in every case to extent of such tendency being a "general rule". A tendency to implicate innocent members of an opposing faction along with those who are guilty undoubtedly exits, and Courts dealing with faction cases should, and do in fact, take notice of this tendency in appreciating the evidence led before them. But to say that false implication is found in every case to the extent of being a "general rule" is erroneous and a Judge who carries such a belief in his mind is in danger of incapacitating himself from doing his judicial duty, which is to decide cases on the basis of legal testimony. (d) Appeal to Supreme Court--- ---Appreciation of evidence-Supreme Court does not review evidence even where findings of two Courts below on evidence not concurrent. Manzur Qadir, Senior Advocate Federal Court (M. Ismail Bhatti, Advocate Federal Court with him) instructed by M. A. Rahman, Attorney for Appellant. A. R. Changez, Advocate-General Punjab (C. M. Sharif, Advocate Federal Court with him) instructed by Ijaz Ali, Attorney for the Crown. Dates of hearing :2nd and 3rd February 1955. JUDGMENT CORNELIUS, J.-The question involved in this appeal by Mirza Khan who has been convicted and sentenced to death under section 302, P. P. C. as well as a term of imprisonment under section 307, P. P. C. is whether, in convicting Mirza Khan who had been acquitted by the trial Judge, the learned Judges of the High Court have given proper weight and consideration (1) to the views of the trial judge as to the credibility of the witnesses and (2) to the circumstance that the presumption of…

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