Law:

Section:

Penal Code (XLV of 1860)---S.302/34 [Murder case] Appreciation of evidence Case based on evidence of eye witnesses appearing to be chance witnesses ¬Highly unsafe to base conviction on their testimony keeping in view background of enmity between parties without independent corroboration Father of deceased admittedly working at his thrashing floor at a short distance but mentioning nothing about occurrence when examined as witness Evidence of eye witnesses totally belied by such fact alone Mother of deceased alleged to have taken deceased to police station all alone leaving her husband and younger son out of picture ¬Such behaviour not in conformity with normal course of human conduct Appeal accepted, conviction and sentence set aside in circumstances. ORDER MIAN BURHANUDDIN KHAN, Kajal Khan (aged 30 years) appellant, alongwith Maluk Khan (aged 59 years) acquitted accused, stood their trial in the Court of Session for committing the murder of Ishaq Khan (aged 19 years) their ca villager, by stabbing him with dagger in furtherance of their common intention. The trial Judge found both tile accused guilty of the offence under section 302, P. P. C. read with section 34, P. P. C., convicted and sentenced them to death and life imprisonment respectively and a fine of Rs. 2,000 each or in default, further six months' R. 1. Oil: of the amount of fine, if recovered, Rs. 2,OJU was ordered to be paid to the heirs of Ishaq Khan, deceased under section .544 A, Cr. P. C. vide judgment dated the 14th February, 1979. 2. The two convicts filed appeal against their conviction and sentences and reference was also placed before the learned Judges of the Peshawar High Court for confirmation of their death sentence, who vide their judgment dated 27 10 1979, upheld the conviction of Kajal Khan and sentence of fine but converted his sentence of death into imprisonment for life, and acquitted Maluk Khan. 3. Leave was granted to Kajal Khan by this Court vide order dated 29 4 1980 to consider whether the evidence of two ocular witnesses was totally unsafe base for founding guilt of the accused on the murder charge: and that Said Akbar the father and Tariq Khan the brother of the deceased…

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