Law:

Section:

Penal Code (XLV of 1860), S. 302-Murder trial -Appreciation of evidence-Deceased after receiving gunshot injuries on several parts of body alleged to have run after accused to a distance of 150-160 paces where he was fired at again-Prosecution failing to prove deceased's capability to run such distance after receiving injuries-Deceased and prosecution witnesses both equally involved in murder case of accused's brother in retaliation of which accused allegedly fired at deceased, yet accused allowing prosecution witnesses accompany deceased, to go absolutely scot free-Prosecution witnesses having already left for police station to lodge first informa­tion report still deceased removed from spot and taken to police station rendering thereby recovery of blood from two places not corroborative of ocular evidence of deceased having been fired at two different places-Prosecution story, held, inconsistent, improb­able, and not devoid of unsatisfactory features-First information report also lodged with delay---High Court's order, held, called for no interference, in circumstances-Acquittal maintained. JUDGMENT SALAHUDDIN AHMED, J.-The three respondents were con­victed and sentenced to transportation for life each by the learned Additional Sessions Judge, Peshawar. On appeal, however, their conviction and sentences were set aside by a Division Bench of the Peshawar High Court. This petition is by the State seeking leave to appeal from the order of the High Court. The occurrence took place on the 7th July 1971, at 5-40 a.m. in the vicinity of the graveyard of Prang village. Respondents Abdul Malik and Taza Gul are nephew and servant respectively of respondent Abdul Sattar. The allegation was that the three respondents committed the murder of Ghulam Yahya in the presence of his brother P. W. Abdul Wahid and another witness P. W. Khanzada. The first information report was lodged at Prang Police Station only three furlongs away from the place of occurrence at 6-50 a.m. According to the investigating officer who recorded the first information report, the dead body of Ghulam Yahya was brought to the police station as he was about to proceed to the place of occurrence. The…

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