Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-[Murder-case]-Appreciation of evidence-Prosecution eye witnesses, three in number; not only independent but their evidence also natural and carrying conviction-Occurrence taking place in main bazar at mid-day almost in front of shops of a prosecution witness-Claim of another witness to have been present in shop of his son, prosecution witness aforesaid, also quite natural-Nothing damag ing to prosecution brought out in cross-examination of prosecution witnesses---Motive for crime satisfactorily established by documentary evidence-Accused petitioner's confessional statement voluntary and true-Informant stating in F. I. R. as to occurrence having been witnessed by many other persons-Nothing having been brought against, him in cross-examination solitary evidence of even main prosecution witness in circumstances sufficient to sustain judgment of High Court convicting accused for murder-Petitioner having taken life of deceased entirely in cold blood,' death sentence, held, only proper sentence and such sentence not liable to be interfered with. [Sentence-Evidence]. Date of hearing : 12th May, 1979.                                                                                                             ORDER G. SAFDAR SHAH, J.-Petitioner Hamidullah was tried and convicted by the Additional Sessions Judge, Chitral, under section 302, P. P. C. for the murder of Musharaf Khan, District Engineer, Chitral. and sentenced to death and a fine of Rs. 5,000 and in default R. I. for six months. His appeal in the High Court having failed and the death sentence awarded to him confirmed, Hamidullah has come tip to this Court praying for leave to appeal against the judgment of the High Court. The case of the prosecution in the trial Court was that the petitioner had instituted a pre-emption suit against the brother of the deceased, namely, Zambul Khan in a local Court at…