Law: Penal Code (XLV of 1860)

Section: 302

(On appeal from the judgment and order of Peshawar High Court, dated 15-7-71, passed in Criminal Revision No. 203 of 1970). Penal Code (XLI of 180-0), S. 302-Murder-Ocular evidence interested and partisan- Independent witnesses present at time of occurrence refusing to depose in support of prosecution-Prosecution dory that deceased after being shot at walked a distance of 42 feet belied by medical opinion that deceased's heart having been completely destroyed along with its blood vessels, his death was instan taneous-Deceased's relations alleged to have witnessed occurrence from close quarters yet none apprehending assailant-No justifica tion, in circumstances, held, made out for interference by Supreme Court--Petition dismissed. Date of hearing: 11th December 1972. ORDER ANWARUL HAQ, J.-By means of this petition for special leave to appeal, Redi Gul, the uncle and father-in-law of the murdered man, Muhtaj Gul, seeks to call in question the acquittal of the respondent, Mtan Gul, by the learned Additional Sessions Judge, Peshawar, by his order dated the 23rd May 1970. The petitioner's revision petition against the acquittal has been dismissed by a learned Single Judge of the Peshawar High Court by his order dated the 15th of July 1971. The deceased Muhtaj Gul was murdered on the 23rd November 1969, in the premises of the mosque known as the mosque of Sheikh Mallo in village Nis.atta in Tehsil Charsadda of the Peshawar District. The petitioner, Redi Gul claimed to have witnessed the crime. He alleged that the deceased was washing his feet at the Sabeel inside the mosque for joining the congregational prayer for Zubar when the respondent, Mian Gul, entered the mosque, armed with a double barrel gun, and fired at Muhtaj Gul from a distance of a few paces. On being hit the deceased took a few steps towards the verandah of the mosque and fell down dead. The respondent managed to escape. According to Redi Gul the incident was also witnessed by Nisar Muhammad, Awal Khan, Chan Badshab, Akram Khan and Pesh Imam Raza Khan. The matter was reported pat Police Station Prang, a distance of five miles, at 2-15 p.m. The motive for the crime was stated to be the…