Law:

Section:

Penal Code (XLV of 1860)---S. 302 [Murder case] Appreciation of evidence Dying declaration recorded in form. of First Information Report duly proved by an A. S. I. Nothing to suggest why A. S. I. would fabricate a false document against accused petitioner Dying declaration clearly stating accused petitioner having attacked deceased Prosecution eye¬ witnesses also not shown to have any enmity with petitioner Recovery of crime knife also not suffering from any infirmity Dying declaration standing corroborated from medical evidence Rolls of blood¬ stained thread carried by deceased also showing deceased having been attacked at stated plate Case concluded by appreciation of evidence and no argument raised to show conviction of petitioner being based on violation of any principle of law or of natural justice in appreciation of evidence or otherwise applicable in criminal cases of such type Petition accordingly dismissed. [Evidence]. ORDER KARAM ELAHEE CHAUHAN, J. The petitioner Gul Rehman was tried by the learned Sessions Judge, D. 1. Khan, for the murder of Gul Janan and having been found guilty was convicted under section 302, P. P. C. and was sentenced to death and a fine of Rs. 3,000 payable to the heirs of the deceased or in default thereof to a rigorous imprisonment for six months. The order of the learned Sessions Judge, is dated 24 2 1978. 2. The petitioner filed an appeal being Criminal Appeal No. 50 of 1978 but without any success as the same was dismissed by a learned Division Bench of the Peshawar High Court on 30 10 1978. 3. The petitioner has come up in a petition for special leave to appeal against the same to this Court. . 4. The facts of the prosecution case are that Gul Janan (deceased), Hamid Khan, Gut Hassan and Bashir, and petitioner Gul Rehman used to have common sittings where they used to chat and have general talks. In one of such sittings when the petitioner was not present, it is alleged, that Gul Janan (deceased) who was a "Mirasi" by caste cut a joke and called the Pathans (Qalandar Khels), which was the caste of the petitioner as thalichats (i.e. lickers). This was reported to the petitioner who took ill of it and therefore to avenge…

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