Law:

Section:

(a) Penal Code (XLV of 1860) ---- Ss.302(b) & 337 F(ii) Constitution of Pakistan (1973), Art. 185(3) ¬Identification test of the accused was held after twelve days of his arrest Circumstantial evidence in the case was not forthcoming -Motive was shrouded in mystery Leave to appeal was granted to accused in circumstances to ascertain whether the principle laid down by Supreme Court for safe administration of criminal justice had been considered by the Courts below. (b) Penal Code (XLV of 1860) Ss. 302(b) & 337 F(ii) Appraisal of evidence Accused being previously known to the witnesses, the identification test parade was not needed Ocular account of the injured eye witnesses was quite truthful, independent and confidence inspiring which was corroborated by medical evidence Accused had not been able to substantiate his plea of sustaining injuries in another occurrence by any evidence Participation of accused in the occurrence in which the deceased had lost his life had thus, been established beyond doubt Convictions and sentences of accused were upheld in circumstances and his appeal was dismissed accordingly. JUDGMENT MUHAMMAD NAWAZ ABBASI, J. This appeal with the leave of the Court has been preferred against the judgment dated 31 12 1998 passed by a Division Bench of High. Court of Balochistan, Quetta, in Criminal Appeal No.316 of 1998 filed by the appellant and Murder Reference No.7 of 1998 sent by the learned Additional Sessions Judge No.1, Quetta under section 374, Cr.P.C. to the High Court for confirmation of sentence of death awarded to the appellant under section 302(b), P.P.C. The appellant was tried for the charge under section 302(b) read with section 337 F(ii), P.P.C. for committing the murder of one Eid Muhammad and causing injuries to Rehmat Ali, complainant. The learned trial Judge having found the appellant guilty of the charges under section 302(b) read with section 337 F(ii), P.P.C. convicted and sentenced him in the following manner: (a) Under section 302(b), P.P.C. sentence of death; (b) Under section 337 F (ii), P.P.C., sentence of rigorous imprisonment for a term of two years with the direction to pay fine of Rs.10,000 and in default…

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