Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302-[Murder-case]-Evidence, appreciation of-Only eye-witness a lad of 13 years but nothing unusual elicited from him in lengthy cross-examination to discredit him on ground of tender age-No infirmity or contradiction discovered in such statement-- Ocular evidence furnished by witness fully corroborated by circumstances attending upon crime-Appellant and deceased closet; related---Accuser's relatives accompanying deceased's mother to Civil Hospital and thence to police station to lodge first information report and deceased's mother making report in their presence-First informant not likely to have falsely implicated accused in circumstance-Both accused absconding soon after occurrence and offering no reasonable explana­tion for absconsion--Circumstances narrated by eye-witnesses leaving no inference possible except of appellant being assailant.---Offence of murder, held, clearly brought home to accused.---[Evidence]. (b) Criminal trial--- ----Motive-Value of -[Motive]. Generally speaking motive, more or less, is a guess on the part of the prosecution witnesses. What truly motivates an accused person to commit a crime is best known to him and not to others. Absence of motive or failure on the part of the prosecution to prove it does not, therefore, adversely effect the testimony of the eye-witnesses if they be otherwise reliable. (c) Penal Code (XLV of 1860)---- -----S. 302/34-[Murder-case]-Common intention-No evidence show­ing common intention on part of accused A except of accompanying accused N when N stopped deceased and fired at him-No evidence showing accused A holding tamancha in his hand when he came to spot accompanied by accused N-Possible in circumstances for accused A to have taken out fire-arm after stopping deceased and firing fatal shot within a few seconds-Acquittal of N, in circumstances neither wholly unreasonable nor, [Common intention]. JUDGMENT MUHAMMAD YAQUB Ali, J.-A Division Bench of- the Peshawar High court has, by their judgment and order dated the 20th November, 1972, on appeal upheld the conviction and sentence to imprisonment for life awarded Ahmad Nisar, appellant, under section 302, P. P. C. by…

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