Law:

Section:

Penal Code (XLV of 1860)--S. 302-Murder case-Accused firing at unarmed deceased on vital parts of body with lethal weapons, without warning him, without any provocation being offer­ed, and in most cruel and cowardly manner-Sentence of death legal in circumstances-One accused himself molesting deceased's daughter 4/S years back and deceased's son having molested such accused's wife in retaliation-Family honour if at all involved accused should have sought revenge much earlier and against person molesting his wife and not against his father-No extenuating circumstance disclosed-Death sentence being legal and no question of principle involved, appeal dismissed. Fazal Khan v. The State P L D 1964 S C 54 and Ali Akbar v. The State P L D 1965 S C 363 held not applicable. JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal, by special leave, arises out of the judgment of a Division Bench of the High Court of Peshawar upholding in appeal and reference the convictions of the appellants herein and confirming the sentences of oath inflicted upon them. The appellants were charged for having caused the death of one Chana Gul on the 24th of August 1968, in furtherance of their common intention, at about 8-30 a.m., in village Parshai within Police Station Gambat in the District of Kohat. It is alleged that some 4 or 5 years before the occurrence the appellant Hasham Khan molested a daughter of the deceased and in retaliation thereof Chamba Gal and his brother, the sons of the deceased, molested the wife of Hasham Khan, and it is for this reason that the appellants had killed the deceased by firing at him with their topaks from a distance of about 25 paces when the deceased was going from the side of the patwarkhana towards the village mosque. The report was lodged at 10-30 a.m. of the same day at Gambat Police Station, which is 17 miles away. The nearest police post is at Khushal Garh at a distance of 7 or 8 miles from the place of the occurrence, but the crime could not be reported there, as no police officer was found present there. The deceased had five entrance wounds on top of right shoulder, 2 entrance wounds on back of right arm middle third and thirteen entrance wounds on the…

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