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Penal Code (XLV of 1860), S. 302-Evidence of eye-witnesses rejected by trial Court purely on conjectural basis-High Court, held, right in reversing acquittal of accused. Muhammad Ishaq Khan Kundi, Advocate Supreme Court instructed by Abdul Samad Khan, Advocate-on-Record for Appellant. Fakhre Alam, Advocate-General N.-W. F. P., instructed by Amirzada Khan, Advocate-on-Record for the State. Date of hearing : 24th April 1972. JUDGMENT SAJJAD AHMAD, J.-Abdul Karim, the appellant herein, was tried under section 302, P. P. C. by the Additional Sessions Judge, Peshawar, Camp Bannu, for the murder of Nur Aslam Khan, on the 1st of September 1966, who acquitted him. On a State appeal under section 417, Cr. P. C., a Division Bench of the High Court reversed the acquittal order, and convicted the appellant for the aforesaid murder, and sentenced him to transportation for life ; hence the appeal to this Court as a matter of right. According to the prosecution case, the deceased, who was a Sub-Inspector of Police, had two days before the occurrence demolished a portion of his wall enclosing the courtyard of his house situated in village Nar Sahib Dad, with a view to construct a new pacca wall. P. Ws. Muzaffar and Sarwar Din were employed as labourers, and had started clearing the foundations. The appellant, who is a neighbour of Nur Aslam Khan, objected on the ground that his land had been encroached upon. The deceased offered to have a demarcation made by the Patwari. This happened a. day before the actual day of the occurrence. On the fateful day (1-9-1966) at 8 a.m., the appellant again visited the site, armed with a 7 mm rifle and abused the deceased, as he had not heeded to his protest to stop the construction of the wall. P. Ws. Muzaffar and Sarwar Din were present at that time also. The deceased once again offered to have the demarcation done by the Patwari, but the appellant aimed his rifle at the deceased and fired a shot at him, injuring him on his left thigh. The deceased was carried to the Civil Hospital, Naurang, and subsequently P. W. Hassan Khan reported the matter at the Naurang Police Station at 9-15 a.m. the same day. During the investigation, a spent…

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