Law:

Section:

Penal Code (XLV of 1860)-------S. 302-Murder case-Eye-witnesses related to accused and no reason ascribed for their falsely implicating accused-appellant ­Evidence as to identification of accused not at all challenged­ Accused recognised by face and voice in moonlight-Confessional statement though retracted, was corroborated by oral evidence 00 as also by motive-Sentence of death, held, proper. JUDGMENT SALAHUDDIN AHMED, J.-This appeal, by special leave, is from the order of the Peshawar High Court dismissing the appeal of the appellant and confirming the sentence of death under section 302 of the Pakistan Penal Code. The occurrence took place on the 23rd of July 1970, at 3 a.m. in the house of P. W. 8 Hafiz Nur llahi, father of Muhammad Ijaz deceased aged 15/16 years. According to the prosecution case Muhammad Ijaz deceased was friendly with one Shah Nawaz, and the appellant, a cousin of the deceased, resented the companionship and asked the deceased not to mix with Shah Nawaz. Only a day before the occurrence, over the same matter, there was an incident in which appellant had grappled with the deceased. but P. W. 6 Sher Ahmad Khan had effected a separation between them. On the day of occurrence the appellant proceeded to the house of P. W. Hafiz Nur Ilahi, and having got upon the roof of the kitchen fired first at Muhammad Ijaz killing him on the spot, and then firing at the mother of the deceased, P. W. 9 Mst. Fazal Jan, injuring her on her legs. The appellant then jumped down into the lane adjacent to the house, and escaped. P. W. Hafiz Nur Ilahi, father of Muhammad Ijaz deceased, who was also sleeping in the courtyard along with his wife P. W. Mst. Fazal Jan and son Muhammad Ijaz deceased on different cots, tried to chase the appellant but failed. A first information report was promptly lodged by the father of the deceased, P. W. Hafiz Nur Ilahi at 5-45 a.m. the same day at Police Station Kot Najibullah situated at a distance of about five miles from the place of occurrence in which the appellant was alone mentioned as the assailant of his son Muhammad Ijaz deceased and his wife P. W. Mst. Fazal Jan. Although the Investigating Officer looked for the…

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