Law:

Section:

Penal Code (XLV of 1860)---S. 302---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to accused by the Supreme Court to reappraise the evidence in order to determine whether the conviction and the sentence awarded to him had proceeded on the established principles of appraisement of evidence. ORDER It is submitted on behalf of the petitioner that the murder in question which had taken place at about midnight was the result of blind occurrence; that the alleged eye-witnesses were not present at the place of occurrence at the relevant time; that if the said witnesses had been present there then they would not have permitted their near and dear one to bleed to death as the solitary fire-arm injury on the person of the deceased had been caused on his knee and according to the medical evidence the deceased had died as a result of bleeding; that there is no explanation offered by the prosecution as to why the deceased could not have been rushed for medical assistance on 1-1/2 to 2-00 hours and that these circumstances were a sufficient indication of the fact that no one was present with the deceased when he had been injured. It is further argued that according to the prosecution, the petitioner had come to the place of…

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