Law:

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Penal Code (XLV of 1860), S. 302-Murder-Sentence-Cold­blooded and unprovoked murder committed by young man of 20 years- Sentence of death: held, rightly awarded by Courts below. JUDGMENT SAMAD AHMAD, J.-This is a jail appeal by Said Kamal, whose sentence of death has been confirmed by the Peshawar High Court for the murder of his co-villager, Ambar Shah, which took place at digarwela on the 29th of March 1969. The learned counsel for the appellant, who has appeared at State expense, wanted to confine his submission in this appeal only to the question of the appellant's sentence, but since we had granted open leave in this case, we have examined the entire evidence with the assistance of the learned counsel. The deceased Ambar Shah used to rear sheep and trade in them. According to the prosecution case, he had sold away some of his sheep before the occurrence, and the appellant, who claimed at the trial that the deceased was in love with him, had demanded a share in the sale proceeds. As the deceased refused to oblige him, he struck him with a dagger repeatedly causing as many as 8 incised wounds on his person. The occurrence took place near Garhi Allah Yar Khan in the limits of village Sher Kera while he was going to the house of his maternal uncle Zarghun Shah. His outcries attracted to the spot P. W. Zarghun Shah aforementioned and his son, P. W. Hawa Khan. These two witnesses stated treat they had seen the appellant actually perpetrating the crime and had also seen him running away thereafter. They had also inquired from the deceased about the incident, who told them that he was injured by tile appellant. Zarghun Shah got a bus from the village belonging to his landlord Jalaluddin wherein Ambar Shah was taken to the Mattani Police Station situated at a distance of 8 miles where he lodged the First Information Report, which, on his death, has been treated as his dying declaration. The deceased died in the hospital at 3-15 p.m. on the 31st of March 1969. The appellant pleaded innocence at the trial and asserted that he was falsely charged. According to him, the deceased had openly professed his love for him, which gave rise to suspicion in the mind of his…

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