Case Details

Citation(s)
1963 SLG 3323 = 1963 SLD 3323 = 1963 PLD 124
Peshawar High Court
Criminal Appeal No. 17 of 1963, decided on 17th April 1963
Presented By: Sajjad Ahmad Jan and Faizullah Khan, JJ
Sh. Abdul Majid for Appellant.   Sher Bahadur, Additional Advocate-General for
Respondent.   Date of hearing : 17th April 1963.

ISRAR GUL-Appellant  

VERSUS

  THE STATE-Respondent  

Law:

Section:

Criminal trial-Appreciation of evidence-Some prosecution witnesses distorting facts and suppressing truth-Cannot discredit prosecution case if it be otherwise supported by trustworthy evidence-----Statements of such witnesses cannot bind prosecution although they may not have beers declared hostile.  JUDGMENT   SAJJAD AHMAD JAN, J.----Israr Gul, aged about 29 years, has been convicted by the learned Additional Sessions Judge, Peshawar (Mr. Sher Bahadur Khan) for the murder of Hakim Gul and sentenced to death. In addition, he has been found guilty under section 19 (f) of the Arms Act for possessing an unlicensed revolver and three live cartridges for which he has been sentenced to two years' rigorous imprisonment and a fine of Rs. 200, or in default to suffer six months' rigorous imprisonment. The unlicensed revolver is the alleged weapon of offence in the murder crime. Israr Gul has appealed and his sentence of death has also been referred to us for confirmation under section 374 of the Criminal Procedure Code.   Hakim Gul deceased was the uncle of the appellant, Asrar Gul, and the motive for the murder was stated to be that Hakim Gul had, in the year 1929, murdered the father of the appellant for which he was tried along with certain others by a Council of Elders, but was acquitted.   The occurrence took place at peshin time on the 5th of June1962 in the village mosque of Anar China, when the con gregational peshin prayers were in progress led by the Imam Ghulam Muhammad (Addl. P.W.2). In the very first rakat, when the congregation was in raku`, the deceased was fired at thrice, with the result as found in post-mortem examination, that the deceased sustained three entrance wounds, the first opposite the inner end of the spine of the right scapula, the second to the left of the 9th theracic spine on the back of the chest, and the third, 3" below and " external to the right nipple. The last mentioned bore charring marks around it. The deceased died at the spot instantaneously.   According to the prosecution case, the appellant, who wasmarked out as the culprit, immediately after the occurrence was surrounded by some of…
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