Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860)  S. 302-Murder case-Appeal-Conviction maintained by High Court on evidence of a witness and dying declaration of deceased . Deceased No. 1 according to statement of witness fired at from a distance of 55 to 60 feet while deceased No 2 fired at from a distance of 70 to 80 feet-Medical evidence showing both deceased having been fired at from a very short distance-Witness though not having any motive against accused appellant. yet his presence at spot not likely-Witness's name not mentioned in F. I. R. nor in Inquest Report-Dying declaration in background of hostility between parties not sufficient to rest conviction of accused in interests of principles of dispensation of justice-Appeal allowed in circumstances.-[Appeal (criminal)). Date of haring ; 30th September 1979.                                                                                                                                               JUDGMENT NASIM HASAN SHAH, J.-This is a petition for Special Leave to Appeal against the judgment dated 24-11-1975 of the Lahore High Court in Criminal Appeal No. 16 of 1975 and Murder Reference No. 2 of 1975 sentencing the appellant, Amir Abdullah to death under section 302, P. P. -C. The appellant was tried for committing double murder, viz, the murder of his real brother Mian Muhammad and that of his sister-lit-law Mst. Kaniz Fatima (wife of Mian Muhammad). He was convicted under section 302:, P. P. C. on the said two counts by the learned Additional Sessions Judge. Sargodha vide his order dated 23-11-1974 and sentenced to death on both counts. On appal and reference a Division Bench of the Lahore High Court upheld the verdict of the Additional Sessions Judge, dismissed the appeal and confirmed the sentence of death vide its judgment dated 24-11-1975, The appellant…