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Criminal Appeal No. 125 of 1978, decided on 19th December, 1983.
(Against the judgment of the Lahore High Court, dated 15‑12‑1978 passed in Criminal Appeal No. 82‑75/BWP).
--‑‑Art. 185(3)‑Penal Code (XLV of 1860), S. 302/34‑‑Leave granted to accused for re‑appraisal of evidence‑Supreme Court in reappraisal of evidence finding that High Court was justified in maintaining con viction and upholding sentence‑Appeal dismissed.‑{Evidence].
Agha Aziz Ahmad Khan, Advocate Supreme Court for Appellant.
Ch. Ghulam Ahmad, Advocate Supreme Court and S. Abid Nawaz (absent) for the State.
Date of hearing : 19th December, 1982..
This is a Jail Appeal by Khan Muhammad against his conviction and sentence under section 302, P. P. C. He was accused alongwith Shah Behram, Shah Muhammad and Imam Ali, for the murder of Alam Din. Imam Ali, who absconded after the concurrence was declared as a proclaimed offender. As such the case of the remaining accused including the appellant was separated and they were tried separately.
The learned trial Court (Sessions Judge, Bahawalpur) convicted all three of them under section 302/34, P. P. C. and sentenced each of them to imprisonment for life with a fine of Rs. 1,000 or in default to further undergo one year's R. I.
2. All the three filed an appeal before the High Court, which acquitted Shah Muhammad, but dismissed the appeal of the appellant vide the impugn ed judgment.
He filed a petition for leave to appeal through Jail and leave was granted to him by this Court on 2‑7‑1978 for reappraisal of evidence.
3. We have heard the learned counsel for the appellant as well as the learned State counsel who have taken us through the relevant petition of the evidence on the record After reappraising the evidence we are of the considered view that the High Court was justified in maintaining the conviction and upholding the sentence of Khan Muhammad appellant.
The appeal is, therefore, dismissed.
M. Z. M. Appeal dismissed.
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