Law:

Section:

Penal Code (XLV of 1860)-- S. 302 Murder case Mitigation of offence No reason for prose¬cution witnesses to falsely implicate appellant, witnesses being closely related Presence of witnesses on spot not liable to be questioned, witnesses having been sitting in common chowk where occurrence took place and male members of village families normally came out after evening meal for brief chit chat Accused also remaining absconder for a long time and could not offer any plausible reason for his absence from village Contention that there being no motive for crime and one part put forward by prosecution having been proved false, there must be some dispute which annoyed accused appellant and he committed crime under agitated state of mind Held : Something appears to have occurred on spur of moment resulting in occurrence under considera¬tion Sentence of death, in circumstances, altered to one of life impri¬sonment and fine. JUDGMENT MIAN BURHANUDDIN KHAN, J. Sher Daraz Khan, accused/appellant was tried by the Additional Sessions Judge, Bannu under section 302, P. P. C. for committing the murder of Nawaz Khan son of Sayyed Hussain by firing at him with a gun on 28 7 1968 at about evening time in the limits of Khojri Khan, Police Station Choriawala, District Bannu. He was found guilty. convicted and sentenced to death by the learned trial Judge vide his judgment dated 26 2 1976 whereby a fine of Rs. 2,000 (rupees two thousand) was also imposed on the accused, which, if deposited, was ordered to be paid to the heirs of the deceased, or in default further six months' R. I. The appellant filed an appeal against his conviction and sentence and Murder Reference was also placed before the Peshawar High Court for confirmation and the learned High Court Judges confirmed the death sentence and dismissed the appeal of the appellant. He then. filed a petition for leave to appeal against the judgment of the High Court and leave was granted by this Court on 13 3 1978 to consider the question of sufficiency of evidence against the appellant and the conflict between the statements of the doctor and the eye-witnesses which belied the ocular testimony of the two eye witnesses namely…

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