Law:

Section:

Penal Code (XLV of 1860)-----S. 302 Murder case Appeal Conviction maintained by High Court on evidence of a witness and dying declaration of deceased. Deceased No. 1 according to statement of witness fired at from a distance of 55 to 60 feet while deceased No 2 fired at from a distance of 70 to 80 feet Medical evidence showing both deceased having been fired at from a very short distance Witness though not having any motive against accused appellant. yet his presence at spot not likely Witness's name not mentioned in F. I. R. nor in Inquest Report Dying declaration in background of hostility between parties not sufficient to rest conviction of accused in interests of principles of dispensation of justice Appeal allowed in circumstances. (Appeal (criminal)). JUDGMENT NASIM HASAN SHAH, J. This is a petition for Special Leave to Appeal against the judgment dated 24 11 1975 of the Lahore High Court in Criminal Appeal No. 16 of 1975 and Murder Reference No. 2 of 1975 sentencing the appellant, Amir Abdullah to death under section 302, P. P. C. The appellant was tried for committing double murder, viz, the murder of his real brother Mian Muhammad and that of his sister lit law Mst. Kaniz Fatima (wife of Mian Muhammad). He was convicted under section 302:, P. P. C. on the said two counts by the learned Additional Sessions Judge. Sargodha vide his order dated 23 11 1974 and sentenced to death on both counts. On appal and reference a Division Bench of the Lahore High Court upheld the verdict of the Additional Sessions Judge, dismissed the appeal and confirmed the sentence of death vide its judgment dated 24 11 1975, The appellant submitted a petition through jail .in this Court against the said judgment of the Lahore High Court and a Beach of this Court granted him leave to appeal. Briefly the prosecution case is that the appellant, Amir Abduflah murdered his real brother Mian Muhammad and his wife Mst. Kaniz Fatima on 17 4 1973 at about JO/11 a. m. at a distance of 17 karams from the abadi of Village Shahzadpur, Tehsil Shahpur, District Sargodha. The F. I. R . was lodged by M,st. Fateh Bibi, mother of the deceased MW. Kaniz Fatima at about 1 p. m, at Police Station…

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