Law:

Section:

(a) Criminal trial Trivial contradictions in statements of witnesses Held, of no conse¬quence. [ Witness Evidence]. (b) Criminal trial Interested witnesses, testimony of Eye witnesses though related to deceased yet no serious enmity between parties Inconceivable for witnesses to involve accused in offence of murder without any reason ¬Deceased away from village for some six months returning to village a day before occurrence, discovering part of his land being encroached upon by accused party, going to their house and complaining but receiving beating by petitioner No question of any serious enmity between parties spelt out so as to sustain contention of eye witnesses being inimical and their evidence not worthy of belief in absence of independent corroboration Penal Code (XLV of 1860), S. 302.¬[Witness]. (c) Penal Code (XLV of 1860)- S. 302 [Murder case] Sentence Mitigation Petitioner at time of commission of offence of murder 20 years old pursuing his inde¬pendent life, and not under influence of his father Petitioner taking life of deceased in cold blood on a very petty matter, held, not entitled to any leniency. [Sentence]. ORDER GHULAM SAFDAR SHAH, J. This leave petition is meant to impugn the judgment of the Peshawar High Court, dated 24 1 1978, by which the appeal of petitioner, against his conviction by the trial Judge under section 302, P. P. C., was dismissed and the death sentence awarded to him confirmed under reference made to the Court under section 374, Cr. P. C. The occurrence in this case had taken place on 21 6 1976, at about 8 00 a.m., in village Parhana cum Bagh (Police Station Bagnotar) in which the petitioner is said to have shot the deceased to death with a rifle. The F. I. R. of occurrence was lodged at Bagnotar Police Station, at a distance of 10 12 miles, by Khushal Khan (P. W. 7) on the same day saying therein that at about 8 00 a.m. he and Muhammad Suleman (P. W. 8) had gone to the spot in order to measure the disputed boundary, separating the lands of parties herein, respecting which the deceased had complained on the previous day that it had been interfered with by the accused party and consequently they had encroached upon a part…

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