MUHAMMAD ANWAR Versus THE STATE

ORDER

1. QAZIMUHAMMAD FAROOQ, J.‑‑‑ This petition for leave to appeal is directed against the judgment dated 22‑10‑2001 of a learned Division Bench of the Lahore High Court, Lahore whereby conviction of the petitioner Muhammad Anwar under section 302(b), P.P.C. for the murder of one Mumtaz Nawaz, recorded by the learned Additional Sessions Judge, Sargodha vide judgment dated 28‑10‑1996, was upheld but the sentence of death awarded to him was altered to imprisonment for life.

2. It was contended by the learned counsel for the petitioner that the occurrence had taken place at night and identification of the petitioner as the accused in moonlight and torch light was questionable particularly when the torch mentioned in the F.I.R. had not been taken into possession by the police. It was also contended that the ocular evidence had not only been furnished by interested and inimical witnesses, who were closely related to p, the deceased, but corroborative evidence was also lacking. It was further contended that the role attributed to the petitioner was at par with that of his acquitted co‑accused Muhammad Hayat and Muhammad Yara. It was lastly contended that the evidence in the case was not appreciated in consonance with the principles laid down by this Court for appraisal of evidence in criminal cases.

2. Leave is granted to consider the above contentions.

3. N.H.Q./M‑387/S

4. Leave granted