Law: Criminal Procedure Code (V of 1898)

Section: 154

Law: Penal Code (XLV of 1860)

Section: 302

Law: Evidence Act, (1 of 1872)

Section: 8

JUDGMENT

SARDAR FAKHRE ALAM KHAN, J.-Jehanzeb, son of Abdul Aziz aged about 28 years, resident of Yaghi Band Payan, Tehsil Charsadda, District Peshawar, was proceeded against under sections 302/404/34, P. P. C. on the allegation that he alongwith Abdul Wahab and Muhammad Hussain (absconders) in furtherance of the common intention of them all on 29-10-1980 at Digar Wela on a path situated within the limits of village Yaghi Band Miana, murdered Salim Khan deceased aged 28/29 years and when done to death they carried away his- licensed shot-gun. He was tried by Additional Sessions Judge Peshawar, who by his judgment dated 5-12-1981 acquitted the accused of the charge under section 404/34, P. P. C. but convicted him under section 302/34, P. P. C. and sentenced to death and a fine of Rs. 1.0,000 or in default to undergo simple imprisonment for one year. In case of recovery of fine Rs. 5,000 was ordered to be paid as compensation to the heirs of the deceased. Jehanzeb Khan has come up on appeal to this Court while there is a murder reference for the confirmation of death sentence. We propose to dispose of both the appeal as well as the murder reference by this judgment.