Law:

Section:

Penal Code (XLV of 1860)------ ----S.302(b)---Reappraisal of evidence---Contentions of the accused were that the ocular account rested on highly interested and inimical evidence---Prosecution in order to, substantiate its case had produced the evidence of complainant, only who was real brother of the deceased, whereas the other prosecution witness, his cousin, did not support the case of prosecution and was declared hostile; that there was glaring inconsistency between the ocular and medical evidence and that the alleged weapon of offence, said to have been used by the accused in the commission of offence, had not been recovered from the possession of the accused as such he deserved acquittal---Validity---Mere relationship of the witnesses with the deceased was not enough to discard his testimony particularly when no animosity was attributed to him--Ocular account furnished by the complainant was found to be convincing, believable, truthful and inspiring confidence by both the Courts below--­Ocular account had been corroborated in material particular by the medical evidence, recovery from the spot and abscondence of the accused---Incident being a broad daylight, the question of mistaken identity was eliminated altogether---Motive stood proved on record--­Alleged hostile witness, in his cross-examination, had candidly admitted in unequivocal terms that there was dispute between the accused, deceased and the complainant over the landed property and during. the trial of the accused in absentia, he had also fully implicated the accused with the commission of the offence and also admitted the contents of the F.I.R. to be true---Prosecution, in circumstances, had fully established its case beyond and shadow of doubt and the accused was rightly convicted and sentenced by the Trial Court---No infirmity whatsoever in the impugned of the High Court having been found by the Supreme Court the same was held to be unexceptionable. Abdul Ghafoor v. State 2000 SCMR 919 ref. JUDGMENT ABDUL HAMEED DOGAR, J.-----Petitioner Mukhtiar seeks leave to, appeal against the judgment, dated 18-9-2002 passed by a learned Division Bench of Peshawar High Court, Peshawar, whereby Criminal…

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