Law: Penal Code (XLV of 1860)

Section: 302

(On appeal from the, judgment and order of the High Court of Sind & Baluchistan, Karachi, dated the 15th July 1971, in Criminal Appeal No. 237 of 1970/Confirmation Case No. 43 of 1970). Witness-Evidence-Eye-witnesses related to deceased but no enmity between accused and complainant party-'Testimony cor roborated by circumstantial evidence-Special Leave to Appeal, against conviction, refused by Supreme Court-Penal Code (XLV of 1860), S. 302. Date of hearing : 10th February 1972. ORDER WAHEEDUDDIN AHMAD, J.-The petitioners were tried by the learned Additional Sessions Judge, Larkana, under section 302, P. P. C. read with section 34, P. P. C. and section 13 (d) of the West Pakistan Arms Ordinance, 1965. They were sentenced to death under the former section and under the latter section they were sentenced to two years' R. I. each. They challenged this judgment in Criminal Appeal No. 237 of 1970 (Confirma tion Case No. 43 of 1970), and a Division Bench of the High Court of Sind & Baluchistan, Karachi, by judgment dated the 15th July 1971 dismissed the appeal and upheld the conviction and sentences of the petitioners. The petitioners seek permission to file an appeal against the said Judgment. The prosecution case is that about three years before the present occurrence one Hayat cousin of the petitioners was murdered and some Brohis were challaned in that connection and they were acquitted by the trial Court. The petitioners suspected the deceased to be having a hand in this murder and in spite of a faisla on Holy Quran whereby the innocence of the deceased was established, the petitioners bore grudge against the deceased. On the 2nd February 1970, the deceased Kajlo Khan left his house in the morning to supervise over his lands. At about 12-00 noon, his son P. W. Shah Nawaz, his brother P. W. Ahmad Khan and his servant P. W. Gut Muham mad were sitting in their otak, when they heard a gun report. They came out, stood near the outer wall of their otak which is chest high and saw the deceased standing on the bank of watercourse 34 A. R. Nurpur Minor. The two petitioners were also standing at a distance of 19 paces from the deceased with guns in their…