Law:

Section:

Penal Code (XLV of 1860), S. 302-Murder trial-Presence of prosecution witnesses at place of occurrence not open to doubt­ Such witnesses neither inimical to, accused-Satisfactory evidence on record to show that accused fired at deceased Prosecution evidence corroborated by recovery of crime pistol' at pointation of accused.-Empty recovered from scene of occurrence proved to have been fired from ; recovered pistol-Conviction, held, based on proper appreciation of evidence. Malik Mohammad Akbar, Advocate Supreme Court for Appellant. Asad Hussain 'Zaidi, Advocate Supreme Court instructed by Sh. Ejaz Ali, Advocate -on-Record for the State. Date of hearing : 25th October 1972. JUDGMENT WAHEEDUDDIN AHMAD, J.-This jail appeal by special leave is against the judgment of the Lahore' High Court in .Criminal Appeal No. 595 of 1969 (Murder Reference No. 156 of 1969), dated the 27th January 1971. By this judgment, the appellant's sentence of death was confirmed. Appellant Muhammad Sadiq was convicted under sec­tion 302, P. P. C. by the learned Additional Sessions Judge, Sahiwal, by judgment dated the 19th July, 7969, for the murder of his co-villager Said Muhammad on the 19th November 1968, at Peshiwela, at Chah Pipalwala, in the revenue estate of village Suchan, Police Station Pakpattan, District Sahiwal. He was also sentenced to a fine of Rs.45,000 or in default to suffer three years' R. I. The prosecution case is that about four months prior to the occurrence, the appellant approached Noor Jamat P. W. 2, accompanied by the latter's brothers-in-law Ali and Wali and requested for the hand of his daughter Mst. Sakina. The complainant rejected the proposal on the ground that he had only one nephew Said Muhammad and he had already betrothed his daughter Mst. Sakina to him. It is alleged that the appellant left annoyed ant' threatened him with dire consequences. Later on, Noor Jamal, married -his daughter to the deceased. A week thereafter, the appellant threatened the deceased in the presence of Noor Jamal that he would' not permit Mst; Sakina to live with him as his wife. Hot words were exchanged between the parties. The same afternoon, complainant Noor Jamal, Fateh Muhammad…

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