MUHAMMAD AFZAL LONE, J.---This is a petition by Muhammad Ramzan, the complainant in a murder case, seeking leave to appeal from the Lahore High Court's judgment dated 16-11-1992.
Muhammad Mumtaz respondent was tried by the learned Additional .Sessions Judge, Sargodha, for committing the murder of the complainant's brother, namely, Muhammad Afzal; convicted under section 302, P.P.C. And sentenced to death and a fine of Rs,10,000. He was also convicted under section 201, P.P.C. And sentenced to undergo 7 years' R.I; and some fine on that count was also imposed on him. The High Court held that the prosecution failed to prove the case against the respondent under section 302, P.P.C. Resultantly, his conviction under section 302, P.P.C. Was set aside. However, his conviction and sentences under section 201, P.P.C. Were not disturbed. The respondent's acquittal from commission of offence under section 302, P.P.C. Is under challenge in this petition.
2. We have heard the learned Counsel. This petition is barred by time by 4 days, and no good ground has been putforth for the condonation of delay. Even on merits the petitioner has failed to make out a case for interference in these proceedings. The reasons given by the learned Judges for setting aside the respondent's conviction under section 302, P.P.C. Are based on proper appraisal of evidence on the record and the principles enunciated by this Court in respect of circumstantial evidence and extra-judicial confession.
This petition is, therefore, dismissed and the .