Law: Penal Code (XLV of 1860)

Section: 302

  Penal Code (XLV of 1860)  S. 302-Murder-Leave to appeal sought on grounds : that eye witnesses were interested being related to deceased ; that their evidence should not have been accepted without corroboration ; that there were serious contradictions between F. I. R. and evidence of eye-witness at trial-Court, after perusal of evidence brought on record at trial, forming view that accused petitioner had been rightly convicted and sentenced-Held, case being one of deliberate murder, sentence of death amply justified.-[Evidence-Sentence]. Date of hearing : 6th October, 1979.                                                                                                                          ORDER ANWARUL HAQ, C J.-The petitioner Sabz Ali was convicted by the learned Additional Sessions Judge, Peshawar, for the murder of Noor Rehman, and sentenced to death. A Division Bench of the Peshawar High Court has confirmed the sentence by its order dated the 23rd of October, 1977. He now seeks leave to appeal. The case set up by the prosecution against the petitioner was that he was annoyed with the deceased for the reason that the latter had divorced the petitioner's sister Mst. Kishwara about four years prior to the occurrence, and taken another wife. For this reason the petitioner killed the deceased by firing at him at about 7-30 p.m. on the 21st of July, 1975, when the deceased was saying his prayers m the village mosque along with others, including his brother Haji Nekzada (P. W. 9) and his brother-in- law Abdur Rashid (p. W. 10). The matter was reported at Police Station Daudzai at a distance of 16 miles, at 10-00 p. m. by Haji Nekzada. The petitioner was said to have absconded after the incident and was arrested much later by the Sub-Inspector concerned. At the trial he denied the allegations and asserted that he had been falsely implicated due…