Law:

Section:

(a) Penal Code (XLV of 1860), S. 302--,Vurder -Recovery-­Evidence of eye-witness rejected-Recovery of blood-stained ratchet and chaddar, from house of accused, of no avail to prosecution-­Recovery of incriminating articles by itself-Does trot prove case against accused. (b) Appeal to Supreme Court-Criminal appeal-Supreme Court does not constitute itself as second appellate Court of facts to appraise afresh and accept evidence of witnesses discarded by trial Court as well as High Court. Maqbul Elabi Malik Advocate Supreme Court instructed by Nemo for Appellant. Mufti Nazar Muhammad, Advocate Supreme Court instructed by Ijaz Ali Sheikh, Advocate-on-Record for the State. Date of hearing : 18th May 1972. JUDGMENT SALAHUDDIN AHMED, J.-.Five persons were tried under section 302 of the Pakistan Penal Code for the murder of Nazir Ahmad by the learned Additional Sessions Judge, Gujrat, but appellant Muttali alone was convicted and sentenced to death under section 302 of the Pakistan Penal Code on 7-7-1969, and the rest were all acquitted. The occurrence took place on 31-8-1967 at peshhvela in a street near a mosque in village Saida, P. S. Qaderabad, District Gujrat, while Nazir deceased accompanied by his cousin, P. W. Muhammad Khan were returning to their houses from the' shop of Salehoon blacksmith. As they arrived near the mosque, the appellant and his companions Ghulam Qadir, Nazra and Nadir, sons of Ali Ahmed , and their uncle Bahawal suddenly emerged from their ambush and attacked Nazir Ahmad deceased. Nadir was the first to strike the deceased on the head with a hatchet. The deceased fell down and Ghulam Qadir and appel­lant Muttali struck with their hatchets on the right and left legs respectively of the deceased. Nadir gave another blow on the head of the deceased. Bah exhorted his companions not to spare the deceased. P. W. Muhammad was warned by Bahawal not to come near on pain of being killed. The witness, however, raised alarm which attracted to the spot P. W. 14, Nazra P. W. 15, Shana, and Salehoon who entreated the assailants to spare Nazir deceased. It may be stated here that Salehoon was given up as unnecessary by the prosecution at trial. The…

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