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Criminal Petition for Special Leave to Apeal No.K‑99 of 1983, decided on 18th January, 1984.

(On appeal from the judgment of the High Court of Sind at Karachi dated 1‑9‑1983 passed in Criminal Appeal No.178 and Criminal Revision

No.143 of 1982)

‑‑‑Art.185(3)‑‑Penal Code (XLV of 1860), S.302‑‑High Court and trial Court basing accused's guilt on charge levelled against him and acting in full accord with well‑settled principles regarding appreciation of evidence‑‑No justification of interference being present, petition for leave to appeal dismissed.

Maroof Ali Khan, Advocate Supreme Court and Advocate‑on‑Record for Petitioner.

Date of hearing: 18th January, 1984.

.‑‑ This is a petition for leave to appeal from the Judgment of Sind High Court dated 1‑9‑1983 whereby petitioner's appeal was dismissed and his conviction under section 302, P.P.C, and sentence of life imprisonment and. fine of Rs.5,000 imposed on him were upheld.

According to prosecution, petitioner caused the death of Pervaiz Akhtar on 12‑7‑1976 at 3.15 p.m. in the servant quarter of Gymkhana Club, Karachi where deceased's brother Khidmat Hussain was residing. Motive for the crime is said to be annoyance harboured by petitioner over divorce of his sister Mst. Mahfooz Akhtar by her husband Pervaiz Akhtar deceased. The crime has witnessed by Khidmat Hussain and petitioner was arrested while he was running away from the scene of the crime with the weapon of crime.

The Additional Sessions Judge who tried the case believed the ocular testimony of P.W. Khidmat Hussain and the circumstantial evidence and held the petitioner guilty. A learned Single Judge of the High Court on appeal at petitioner's instance after reviewing the entire evidence recorded in the case upheld the guilt of the accused and dismissed his appeal.

In support of this petition for leave to appeal from the judgment of the High Court, Mr. Maroof Ali Khan learned counsel for the petitioner submits that the evidence as to the manner in which petitioner was allegedly arrested soon after the crime is discrepant, and P.W. Khidmat Hussain is unworthy of reliance as a witness.

We have gone through the record of the case in the light of the submissions made by the learned counsel. We find that by basing peti tioner's guilt on the charge levelled against him the trial Court and A the High Court have acted in full accord with the well‑settled principles regarding appreciation of evidence and there is no justification whatso ever for interference by this Court.

The petition is accordingly dismissed.

M . Z . M . Petition dismissed.

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