Law:

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Penal Code (XLV of 1860)- S. 302 read with Evidence Act (I of 1872), S. 32[Murder case]­--Dying declarationTwo prosecution witnesses having seen deceased being forcibly lifted by accused appellant and two of his companions and taken inside a barnDeceased found mortally wounded by gunshot in a room inside barn shortly afterwards Bloodstained earth, shotguns, empty shell, and live cartridges also recovered from roomOne gun licensed in name of absconding accused's fatherFacts, held, corroborative of dying declaration of deceased naming all accused as his assailantsDeceased being grievously injured not likely to give more detailsAccused not giving any explanation for incriminating circumstancesPolicemen first enter­ing into room also finding all accused present inside room of murderCharge of murder, held, sufficiently brought home to accused appellant beyond any reasonable doubt. JUDGMENT MUHAMMAD YAQUB ALI, Actg. C. J.---Hussain Khan, appellant, of village Batagram, Distt. Peshawar, stands convicted under section 302 read with section 34, P. P. C. and sentenced to death for committing the murder of his covillager Farhad. Leave to appeal was granted to him as the trial Judge and the learned Judges in the High Court who confirmed the sentence of death had discarded ocular evidence of the crime and relied solely on the dying declaration of the deceased which was recorded by the Investigating Officer and attested by two foot constables who accompanied him to the place of occurrence. The facts briefly are that a young boy named Murtaza alias Shinai was a friend of Mir Rahman, elder brother of Farhad deceased. Shinai was a good looking boy. A few weeks before the occurrence he deserted Mir Rahman and became friendly with Said Karim (absconder). This resulted in bad blood between Mir Rahman and Said Karim. A patchedup compromise was reached through the good offices of one Haji Pordil and it was agreed that neither Mir Rahman, nor Said Karim will meet Shinai. As a parting gift Said Karim gave a pistol to Shinai, but it was taken away from him by Mir Rahman. This was resented by Said Karim. As about 2 p.m. on 23rd July 1967, Farha5d deceased happened to pass in front of…

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