Law: Pakistan Penal Code (XLV of 1860)

Section: 302, 337-AM & 148

(a) Penal Code (XLV of 1860)-------Ss. 302, 337-AM & 148---Constitution of Pakistan (1973), Art.185(3)--�Sentence---Ocular account was consistent as to the role played by the accused and assigned to him in the promptly lodged F.I.R. to the effect that he had fired effectively on the deceased with his gun---Co-accused had admitted the motive and the occurrence but claimed exercise of right of private defence of person and property---Testimony of one eye-witness, who having been won over by the accused had not stated the truth, had been rightly discarded by the Courts below to the extent which was untrue---Eye-witnesses were found to be present at the place of occurrence and to have seen the same and their testimony, inspired confidence being trustworthy---Conflicting medical opinion in such circumstances would neither negate nor outweigh nor nullify the evidentiary value of eye-witnesses---Legal, valid and cogent reasons had been given by the Courts below for arriving at the finding regarding the guilt which stood proved beyond reasonable doubt---No mitigating or circumstance was available for reduction in sentence---Leave to appeal was refused to accused accordingly.Zarid Khan v. Gu; Sher 1972 SCMR 597; Muhammad Boota v. The State 1984 SCMR 56; The State v. Abdul Ghaffar 1996 SCMR 678; Muhammad Rafiq alias Titai v. The State PLD 1974 SC 65; Ghulam Ullah and another v. The State and another 1996 SCMR 1887; Muhammad Hanif v. The State PLD 1993 SC 895; Abdur Rehman v. The State 1998 SCMR 1778 and Yaqoob Shah v. The State PLD 1976 SC 53 ref.(b) Penal Code (XLV of 1860)-------S. 302---Appreciation of evidence---Conflict between ocular testimony and medical evidence---Effect---When the Court is convinced that a witness has seen the incident and his statement is worthy of credence, the conflicting opinion of the doctor would neither negate nor outweigh nor nullify the evidentiary value of such statement.JUDGMENT HAMID ALI MIRZA, J.--This criminal petition for leave to appeal is directe% against the judgment of conviction dated 4-6-2001 in Criminal Appeal No.191 of 1995 and Murder Reference No.86 of 1995 passed by learned Division Bench of the Lahore High…