Law:

Section:

Penal Code (XLV of 1860)- -- S. 302-[Murder case]-Disbelief in evidence of some prosecution witnesses-Not enough reason for discarding other evidence definitely connecting accused with commission of offence-Accused remaining fugitive from justice and surrendering only after proceedings taken to proclaim him as absconding offender---Occurrence taking place in broad daylight, no previous enmity existing between parties, no reason for deceased to falsely implicate accused, report lodged within half an hour of incident--Evidence of witness not previously examined in Court recorded on remand and such witness stating that deceased immediately fell down named accused as person who fired at him--Statement such witness highly relevant res gestae being almost contemporaneous with transaction- Petition for leave to appeal dismissed. (Evidence----Witness). JUDGMENT MUHAMMAD GUL, J.-The petitioner herein alongwith two others was tried for the murder of Aslam Khan. The trial Court convicted the petitioner and sentenced him to death and acquitted the other two co-accused. On appeal and reference, the petitioner's conviction and sentence has been confirmed by the High Court. He now seeks leave to appeal. The incident took place at peshiwela on 2-2-1973. The deceased Aslam Khan was then going along Kucha Zar Din to the flour-mill of Najam Din. He saw the petitioner and the two acquitted accused each of whom had a fire-arm. The petitioner carried a topak. As the petitioner went past them. Akbar Gul (one of the acquitted-accused) exhorted his companions to kill Aslam Khan. As the deceased looked backward, he saw the petitioner taking aim at him and the latter fired at him, hitting him on the back. The deceased staggered towards the flour-mill where he fell on the ground. Qamar Zaman and Saifuddin are alleged to have seen the occurrence. Aslam Khan related the incident to Kabir and Ghandal P. Ws. naming the petitioner and his two co-accused as his assailants. Aslam Khan was taken in a truck to the police station Mardan Saddar at a distance of 8/9 miles where he made the report Exh. P. A. at 2-20 p.m. The report also mentioned the motive for the incident. It was stated that earlier…

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