Law:

Section:

Penal Code (XLV of 1860), Ss. 302 & 353-Deceased, a constable, shot at by accused while deceased pursued him on receiving information that shot-gun and bandolier carried by accused were unlicensed-Accused himself leading Investigating Officer to recover, crime gun and bandolier, empty cartridges, and five live cartridges from under a heap of dung-Witnesses disinterested but one witness interested although natural whose presence at spot not open to doubt-Fact that there was some discrepancy with regard to distance from which gun was, fired, held, not important circumstance­-Witnesses examined after a long time-Could make honest mistakes with respect to such distances-Conviction upheld. JUDGMENT WAHEEDUDDIN AHMAD, J.-The appellant was tried for the murder of Foot Constable Abdul Hamid and for ,assaulting a public servant in execution of his duty under sections 302 and 353, P. P. C. respectively. He was convicted by the learned Additional Sessions Judge, Sahiwal and sentenced to death under section 302, P..C, He was sentenced to two years' R. I. under section 353, P.P.C. The matter was taken to the former High Court of West Pakistan, Lahore, in Criminal Appeal No. 159 of 1969 (Murder Reference No. 69 of 1969), and a Division Bench of the High Court, by judgment dated the 1st April 1970, upheld the conviction, maintained the sentences and confirmed the death sentence of the appellant. The appellant has challenged this judgment in this appeal before us. The prosecution case is that the deceased, along with others, including Foot Constable Ghulam Ali, were sitting at the dera of Gahra Lambardar in Chak No. 92/D at about 10-00 a.m. `The appellant, was seen carrying a shot-gun, Exh. P. 10, and a bandolier, Exh. P. 11 without licence. The deceased, on learning this fact, took a bicycle and pursed the appellant. Foot Constable Ghulam Ali, Ataullah, Jamal and Siddiq also followed him. At the Ahmad Wala Well, the deceased got in front of the' appellant and other persons encircled him from behind. The appellant loaded the gun and fired at the deceased hitting him on the left side of the abdomen. Abdul Hamid Foot Constable fell down-and died at the spot. The appellant…

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