Law:

Section:

(a) Penal Code (XLV of 1860)---Ss. 302(b), 324 & 337-D---Constitution of Pakistan (1973), Art. 185(3)---Occurrence had taken place in broad-daylight---Presence of the complainant and the injured witness on the spot was free from any doubt---Natural eye-witnesses had deposed in a straightforward manner without any material contradiction, discrepancy or improvement in their statements---Accused was nominated in the promptly lodged F.I.R. with the role of causing fire-arm injuries to the deceased as well as to the injured witness---Parties were closely related to each other with no background of any serious enmity between them to suggest even a remote possibility of false implication or substitution of accused--¬Medical evidence and motive for the occurrence had sufficiently corroborated the ocular account---No mitigating ground was available in favour of accused for lesser punishment---Conviction and sentence of accused were upheld in circumstances and leave to appeal was refused accordingly. (b) Penal Code (XLV of 1860)--- ---Ss.302(b), 324 & 337-D---Appreciation of evidence---Corroboration--¬Rule of corroboration is not an inflexible rule which must be applied in all cases and in all circumstances, rather it being a rule of abundant caution is invoked in the cases in which direct evidence is not of the standard to satisfy the mind of the Court. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---This petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 has been filed seeking leave to appeal against the judgment dated 5-12-2001 passed by a Division Bench of Lahore High Court, Lahore, through which Criminal Appeal No.310 of 1997 filed by the petitioner against his conviction and sentence and Murder Reference No. 151 of 1997 sent by the trial Court for confirmation of sentence of death were disposed of. 2. The occurrence in the present case had taken place in Chak No.81/NB at 9-00 a.m. on 8-7-1994, the report of which was lodged by Muhammad Manzoor, real brother of Muhammad Hussain deceased at Police Station Jhal Chakkian, District Sargodha, at 10-00 a.m. on the same day -and a case under sections 302/324/34, P.P.C. was registered…

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