Law: Penal Code (XLV of 1860)

Section: 302, 304, 307

(a) Penal Code (XLV of 1860), Ss. 302 & 307---Murder--- Attempt to murder---Evidence---Occurrence taking place in broad day-light---Eye-witnesses bearing gun shot injuries on their persons, closely related (nephews) to accused, ascribing fatal shot to their uncle and substantially corroborating prosecution story---Correctness of testimony of such witnesses cannot be doubted-Medical evidence also not inconsistent with eye-witness's account of occurrence---Conviction of accused for offences main rained. (b) Penal Code (XLV of 1860), Ss. 302 & 304---Murder--- Accused firing with shot-gun from a short distance at victim on vital part-Act of accused so imminently dangerous that he could very well realise that it must in all probability cause death ---Occurrence a sudden affair, no fight taking place between parties but attack completely one-sided and none on complainants' side being armed-Crime committed, held, did not fall under S. 304, Part I but clearly amounted to murder punishable under S. 302. Date of hearing: 11th February 1971. JUDGMENT BASHIRUDDIN AHMAD, C. J.---Taza Gul (50) was tried for the murder of Ghulam Mohammad and attempted murder of Mohammad Gut and Khaista Gul on March 29, 1967, by the Addl. Sessions Judge, Mardan, who convicted and sentenced him under section 304, Part I, P. P. C. to undergo rigorous imprisonment for a period of eight years plus a fine of Rs. 1,000.00 or in default of payment thereof to undergo R. I. for a further period of two years. He was also held guilty on two counts under section 307, P. P. C. and was sentenced to undergo rigorous imprisonment for a period of five years on each count. The sentences of imprisonment were ordered to run concurrently. 2. The convicted person did not appeal against his convic tion or the sentences. Gul Rasool preferred Criminal Revision No. 269 of 1968 for retrial of Taza Gul for the offence under section 302, and in the alternative for enhancing the sentence awarded to him under section 304, Part I and also under section 307, P. P. C. On October 5, 1970, a learned Single Judge ordered the issuance of a notice to Taza Gul to show cause why he should not be retried for offences…