Law: Criminal Procedure Code (V of 1898)

Section: 154

Law: Penal Code (XLV of 1860)

Section: 302

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 19th February 1970, in A Criminal Appeal No. 91 of 1969/Murder Reference No. 40 of 1969). (a) Penal Code (XLV of 1860),  S. 302-Criminal trial Murder-Prosecution witnesses related to deceased but otherwise natural and their presence at time of occurrence corroborated by circumstances- Conviction based on testimony of such witness not interfered with. (b) Criminal Procedure Code (V of 1898), S 154-First information report-Delay in making F. I. R. unexplained Prosecution, however, gaining nothing out of such delay-No importance held, could be attached to such delay. (c) Penal Code (XLV of 1860), S. 302-Weapon used during crime described as "bandook" in F. I. R. but at trial shown as rifle Word "bandook" held, used both for a gun and a rifle. Dates of hearing : 30th April and 1st May 1970. ORDER WAHIDUDDIN AHMAD, J.-Petitioner Muhammad Gul was convicted and sentenced by the Sessions Judge, Mianwali under section 302, P. P. C. by order dated the 8th January 1969, to death for causing the murder of Ghulam Mohammad, his co-villager in the area of village Samandwala, Police Station, Muchh, in the District of Mianwali. His conviction was upheld by a Division Bench of the High Court of West Pakistan, Lahore, in Criminal Appeal No. 91 of 1969 (Murder Reference No. 40 of 1969), by judgment dated the 19th February 1970. The petitioner seeks permission to file an appeal against the said judgment. The prosecution case is that on the night of 28th March 1968, at about khuftan time, the deceased, along with his son Ghulam Qadir and Muhammad, his uterine brother, was going for prayer to the mosque. Ghulam Qadir was carrying a lantern in his hand. When they reached near the mosque, the petitioner came armed with a rifle and shouted that he would avenge the insult and fired. The deceased was hit on the abdomen. He fell down. At the time when the deceased was hit, he was about to enter the door of the mosque. Ghulam Qadir P. W. stood by the wall of the mosque and Muhammad P. W. came in between him and the petitioner. Mehr Muhammad P. W. 12, at that time, was coming…