Law:

Section: 302= 14 (g)

    JUDGMENT MUHAMMAD KHURSHID KHAN, J.-The appellant Abdullah Khan (20) son of Saadullah Khan, Pathan by caste and a resident of village Lakki Meena Khel, was convicted by Mr. Allah Bakhsh Khan, Sessions Judge, Peshawar, on 16th of January, 1979, under section 302, Pakistan Penal Code and sentenced to imprisonment for life and a fine of R s, 2,000 or in default thereof to undergo simple imprisonment for 6 months more, for having committed the murder of his co-villager Hasham Khan, by firing at him on 12th of June, 1977, at Deegar Wela, in the bed of River Gambila, distant one mile from Police Station Lakki. In the event of the realization of fine, it was ordered to be paid to the heirs of the deceased by way of compensa tion. The convict has come in appeal against his conviction and sentence. A revision petition has also been filed by Ghulam Qadar Khan for enhance ment of sentence awarded to the appellant. This judgment will dispose of the appeal as well as the revision. The facts of the case for the prosecution, so far as they are necessary for dealing with the points involved, may be stated thus quite shortly. On the 12th of June, 1977, at Deegar Wela, the deceased Hasham Khan along with Abdullah Jan (P. W. 7), and Rashid Anwar P. W. (since given up) left together to see a Kabaddi match, in the bed of river Gambila. When they reached their destination, they found a big crowd of spectator watching the match. Maazullah Khan (P. W. 8), Ghulam Dastagir (P. W. 9) and Sabz Ali P. W. (since given up) were amongst the spectators. The deceased and his two companions stood by the side of the aforesaid three persons. In the mean time, Abdullah Khan appellant armed with a five shots Rifle and accused Mohtabar Khan carrying a D. B. shot-gun turned up there. The former fired a shot at Hasham Khan who was hit and fell down. The accused then took to their heels. They were, however, chased by Abdullah Jan, Maazullah Khan, Ghulam Dastagir, Sabz Ali and Rashid Anwar for some distance but in vain. While these persons were following the culprits, with intent to capture them, they were fired at ineffectively by Mohtabar Khan accused. Both the accused made good their…