MUHAMMAD ASHRAF Versus STATE

ORDER

ASLAM RIAZ HUSSAIN, J.‑‑ Muhammad Ashraf petitioner seeks leave to appeal against the dismissal of his appeal by the High Court in a case under section 302, P.P.C.

2. The facts briefly are that the petitioner was tried alongwith 9 others for the murder of Muhammad Nawaz. The trial Court convicted Muhammad Ashraf petitioner and Muhammad Nawaz co‑accused and acquitted the remaining 8 co‑accused. Both the convicts‑accused filed a joint appeal before the High Court. The same was dismissed with regard to Muhammad Ashraf petitioner but accepted qua Muhammad Nawaz co‑accused and he was acquitted.

Hence the present petition for leave to appeal.

3. We have heard the learned counsel for the petitioner. He has taken us to the impugned judgment and pointed out that there is hardly any distinction between the case of the acquitted co‑accused and that of the petitioner, as the only reason on which his conviction has been maintained is that he is stated to have had the motive for the offence which has been treated by the learned High Court as corroboration of the testimony of the eye‑witnesses. Learned counsel submitted that motive alone could not have been used as corroboration of the ocular testimony for maintaining the conviction of the accused petitioner.

4.The matter needs consideration. Leave is, therefore, granted to him on the above‑noted point.

M.I. ???????????????????????????????????????????????????????????????????????????????????????????????????????????????? Leave granted.