| Citation(s) |
|---|
| 1980 SLG 3099 = 1980 SLD 3099 = 1980 SCMR 176 |
Criminal Petitions for Special Leave to Appeal No. .46-P and 64-P of 1978, decided on 16th May, 1979. (On appeal from the judgment and order of the Peshawar High Court, Peshawar, 10-4-1979 in Criminal Appeal No. 105 of.1977). .
Presented By: G. Safdar Shah and Karam Elahee Chauhan, JJ
Cr. P. S. L. A. No. 46-P of 1978 M. Nazirullah Khan; Advocate Supreme Court and S. Safdar. Hussain, Advocate-on-Record for Petitioner. Nemo for the State. Cr. P. S: -L. A. No: 64-P o f 1978 Raze A. Khan, Advocate Supreme Court and M. Qasim Imam. Advocate -on-Record for Petitioners. Nemo for
Respondents.
Cr. P. S. L. A, No. 46-P of 1978 MUBARAK ALI-Petitioner
VERSUS
THE STATE-Respondent AND Cr. P. S. L. A. No. 64-P of 1978 ABDUR REHMAN-Petitioner versus M UBARAK ALI AND ANOTHER-Respondents
Law: Penal Code (XLV of 1860)
Section: 302
(a) Peal Code (XLV of 1860) S. 302-[Murder-case]-Appreciation of evidence-Prosecution eye witness independent, having no enmity with accused-Dead body of victim of murderous assault recovered from place of occurrence on pointing out of such witness and such recovery corroborating witness's statement-Accused absconding for quite a long time and giving no satisfactory explanation for his abscondence-Regular proceedings also initiated against accused in respect of his abscon dence-High Court -after considering all facts and circumstances of case considering evidence of such witnesses as trustworthy-No violation of any principle of law 'or natural justice in matter of appreciation of evidence, or, otherwise, pointed out so as to warrant interference by Supreme Court Petition for leave to appeal dismissed.-[Evidence]. (b) Penal Code (XLV of 1860) S. 302-[Murder-case]-Mitigation of offence-Occurrence taking place over an altercation between appellant and deceased and nature of such altercation undisclosed-No motive assigned for commission of offence-Mitigating circumstances, held, existed in circumstances and accused rightly sentenced to imprisonment for life and fine. [Sentence]. Date of hearing : 16th May, 1979. ORDER KARAM ELAHEE CHAUHAN, J.--Petitioner Mabarak Ali was tried by the learned Additional Sessions Judge, Peshawar, 'for the murder of Ishfaq Ahmad alias Gulo and having been found guilty was convicted under section 302, P. P. C. and was awarded rigorous imprisonment for life and a fine of Rs. 3,000 or in lieu thereof to rigorous imprisonment for six months. He was also directed to pay compensation of Rs. 3,000 to the heirs of the deceased or to undergo further rigorous imprisonment for six months. The order of the…