Law:

Section:

Penal Code (XLV of 1860)--- ----S 302(b)---Constitution of Pakistan (1973), Art;185(3) --- Contentions were that identification of accused in the night time occurrence in moonlight and torch light was questionable particularly when the torch-mentioned in the F.I.R. was not taken into possession by the police; that the ocular evidence furnished by interested and inimical witnesses who were closely related to the deceased lacked corroboration; that the role attributed to the accused was at par with that of his acquitted co-accused and that the evidence on record was not appreciated in consonance with the principles laid down by Supreme Court for appraisal of evidence in criminal cases---Leave to appeal was granted to accused by the Supreme Court to consider such contentions. ORDER QAZIMUHAMMAD FAROOQ, J.---This petition for leave to appeal is directed against the judgment dated 22-10-2001 of a learned Division Bench of the Lahore High Court, Lahore whereby conviction of the petitioner Muhammad Anwar under section 302(b), P.P.C. for the murder of one Mumtaz Nawaz, recorded by the learned Additional Sessions Judge, Sargodha vide judgment dated 28-10-1996, was upheld…

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