Law:

Section:

Peal Code (XLV of 1860)---S. 302-[Murder-ease]-Appreciation of evidence--Ocular evidence fully supporting medical evidence as to deceased having been fired at from a very short distinct-Site plan prepared subsequently giving, greater distance-Cannot override ocular evidence particularly when eye-witnesses not confronted with site plan-Ocular evidence as well as circumstantial evidence of accused's arrest after chase and total absence of false implication overwhelmingly pointing to his guilt, minor discrepancies with regard to time of making F. I. R. of no avail to accused-Prosecution witnesses having known accused and ascribed firing to him identity of accused open to no doubt­ Mashirnama of vardat mentioning empty cartridge having been secured from spot and sealed such fact supported by mashir, and Ballistic Expert having received crime empties in a sealed parcel and finding empties having been fired from double barrel gun recovered from accused, accused's contention as to absence of proof regarding dispatch of empty to Ball1stic Expert without merit in circumstances-High Court, held, did not err in appraisal of evidence nor acted contrary to well-established principles and petition for leave to appeal liable to dismissal.-[Evidence] ORDER FAKHRUDDIN G. EBRAHIM, J.-This Leave Petition is directed against the judgment of the High Court of Sind dated 31-8-1980 dismissing the appeal of the petitioner Ilyas son of Jumo Brohi, being Criminal Appeal No. 55 of 1978, and maintaining, inter alia, the conviction and sentence of death for the murder of Shah Nawaz awarded by the learned Additional Sessions Judge, Jacobabad vide his judgment dated 18-2-1978. The incident, resulting in the murder of deceased Shah Nawaz Jakhrani took place on 26-9-1974 at about 11 a.m. in the Bazar of Jacobabad Town. The deceased was accompanied by P. Ws. Ali Nawaz and Ali Gul, his brothers, and his son Mandost. 'they had all come from their village in Patfeedar, to Jacobabad, for shopping. The deceased Shah Nawaz and his son Mandost, who was at that time aged 11 years, were making purchases at the shop of Rewachand (P. W. 7) in old Anaj Mandi, Jacobabad Bazar. Ali Nawaz and Ali Gul were…

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