Law:

Section:

(a) Penal Code (XLV of 1860)----S. 302 Murder Evidence Dying declaration Accused failing to assail s of courts below convicting and sentencing him to death No reasons given to discard dying declaration made by deceased before Police immediately after occurrence Such dying declaration further supported by statements of two disinterested witnesses-¬Abscondence of accused remaining without reasonable explanation-Held, prosecution case was free from any reasonable doubt, in circum¬stances of case Evidence Act (I of 1872), S. 32. (b) Penal Code (XLV of 1860) S. 302 Murder Sentence Evidence showing that deceased had illicit relations with wife of accused which resulted in deep rooted hatred in mind of accused against man who had dishonoured him Held, penalty of death was not called for in such case Sentence of death converted into life imprisonment. [Sentence]. JUDGMENT MIAN BURHANUDDIN KHAN, J. The accused/appellant Dawa Jan was tried by the learned Additional Sessions Judge, Peshawar for the murder of Hidayatullah by firing at him with a pistol in the main bazar of Bhana Mari, Peshawar City on 16 8 1972 at about 20 45 hours, and was convicted under section 302, P. P. C. and sentenced to death and a fine of Rs. 2,000 to be paid as compensation to the heirs of the deceased, vide judgment dated 8 3 1976. Appeal filed by Dawa Jan before the Peshawar High Court was dismissed and his death sentence was confirmed with a fine of Rs. 3,000 to be paid as compensation under section 544 A, Cr. P. C. vide the impuned judgment dated 23 12 1976. The accused/appellant then filed a petition' for leave to appeal and leave was granted vide order of this Court dated 27 2 1978 on the ground that the two eye witnesses in the case had resiled from their previous statements recorded under section 164, Cr. P. C, and also to consider whether the report recorded in the form of F. I. R. could be treated, in the circumstances of the case as dying declaration of the deceased corroborated by the .fact of the alleged abscondence of the accused. 2. According to the prosecution, on 16 8 1972 at about 8 45 p.m. the deceased was standing on the road in front of his garrage in Bhana Mari Bazar,…

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