Law: Penal Code (XLV of 1860)

Section: 302, 307

(a) Penal Code (XLV of 1860) Ss. 302 &. 307-furder Motive alleged by prosecution admitted by accused-Natural eye witnesses not shown to be hostile to accused-Such eye-witnesses fully supported by another independent witness (a rickshaw driver) who gave hot pursuit to accused after commission of crime and apprehended accused after securing assistance of a Police Const able-Defence version that crime pistol recovered from accused actually belonged to deceased which he picked up in confusion and subsequent fire in which a passer-by was injured, was not aimed at pursuing Police Constable as alleged by prosecution, but was only accidental-Unnatural-Sentence of death confirmed in circumstances. (b) Penal Code (XLV of 1860) Ss. 302 & 307-Murder-Eye witnesses implicating a person going to spot and running away with accused at time of occurrence but Investigating Officer letting him off because in his opinion he was not present at spot and he disbelieved eyewitnesses-Probe ordered to be made to ascertain circumstances leading to discharge of such person at investigation stage. Dates of hearing : 21st, 22nd, 23rd, 27th, 28th February ; 5th and 6th March 1968. JUDGMENT ABDUL KADIR SHAIKH, J.-The appellant Muhammad Nasim Khan was tried for offences under sections 302 and 307 of the Pakistan Penal Code by the Additional Sessions Judge, Karachi for having committed the murder of one Ghulam Shah as well as having made a murderous assault on P. W. Muhammad Qasim on 12th March 1965 at about 11-30 a.m. He has been found guilty for both the offences and has been sentenced to death under section 302 and also to pay a fine of Rs. 1,000, in default to suffer R. I. for 6 months. The amount of fine, if recovered, has been directed to be paid to the heirs of the deceased Ghulam Shah as compensation under section 554-A, Cr. P. C. For the offence under section 307, P. P. C. the appellant has been sentenced to 3 years' R. I. in addition to pay a fine of Rs. 500 in default to undergo further 3 months' R. I. The amount of fine if paid has been directed to be given to P. W. Muhammad Qasim as compensation. The convict has filed an appeal which was heard along with the…