Law: Penal Code (XLV of 1860)

Section: 302

  (a) Criminal trial F. I. R. recorded after preliminary investigation at spot-Not reliable and inadmissible in evidence-Penal Code (XLV of 1860), S.302. (b) Penal Code (XLV of 1860) S. 302-Abscondence-Sufficient evidence connecting accused with murder not forthcoming---Mere abscondence of accused by itself not sufficient to hold accused responsible for murder. Data of hearing: 26th July 1972.                                                                                                                                 JUDGMENT ZAKI-UD-DIN, J.--Abdul Sattar son of Durray Khan, resident of Landi total, District Peshawar, has been found guilty under section 302, P. P. C. and sentenced to death by the Sessions Judge, Sahiwal, by his judgment dated 31-3-1971, for the murder of Ghulam Rasool son of Mir Sahib, resident of Mauza Haji Chand, District Sahiwal, at 8-30 p.m. on 9th of September 1967. The convict has filed appeal against his conviction while the learned Sessions judge has made a reference under section 374, Cr. P. C. for confirmation of the death sentence. This judgment will dispose of both the appeal and the reference. 2. The F. I. R. in this case was lodged on the basis of statement of Shah Muhammad son of the deceased, which was recorded by Muhammad Ibrahim A. S. I. (P. W. 14). The motive as described in the F. I. R. for the murder of the deceased was that Ghulam Rasool was the allottee of 12 acres of land in Mauza Haji Chand under Border Area Allotment Scheme and Durray Khan, father of-the appellant, was also allottee of 12 acres of land in the same village under the same Scheme. Consolidation of the land was held in this village in 1961-62. During the consolidation operations, 4 kanals of land previously held by Durray Khan was transferred in the name of the deceased, but Durray Khan, father of the appellant, however, remained in…