Law:

Section:

(a) Penal Code (XLV of 1860) ---S.302 Evidence, appreciation of Defence failing to bring out. anything in cross examination of prosecution witness and evidence remaining unshaken Prosecution witnesses and complainant neither having any enmity nor motive to falsely implicate accused Deceased last seen alive in company of accused who failing to furnish any explanation regarding disappearance of deceased Articles recovered at instance of accused, a carpenter by profession, sent to chemical examiner found blood stained Injuries on dead body of deceased indicative of type of weapon used in offence that as used by accused in his profession (carpenter's saw and tarkhaz) Accused, held, rightly convicted. (b) Penal Code (XLV of 1860) S. 302 Witness Prosecution examining one witness alone as attesting witness to several recovery memos. Nothing brought to discredit such witness Witness denying relation with deceased and no evidence produced to prove that Independence of witness, held, cannot be doubted in circumstances of case, [Witness). (c) Criminal Procedure Code (V of 1898) S. 154 F. I. R. lodged after preliminary investigation, held, not substantive evidence. JUDGMENT S. A. NUSRAT,. J. This appeal by special leave has been filed by the appellant against the judgment of the Peshawar High Court dated 16th October, 1975 challenging his conviction under sections 302 and 404, P.P.C. respectively entailing sentence of death and R. I. for three years. 2. According to the facts of the case, on 5th October, 1973, Sher Afzal P. W. 7. had gone to his fields in the morning. His brother Said Afzal, P. W. '9., alongwith his father, the deceased had also gone out of their house. Sher Afzal returned to his house in the evening but as his father failed to return till about "Iftari" time, it being the month of Ramzan he enquired about him from his brother, P.W. Said Afzal. Said Afzal told him that the deceased had gone alongwith him to the saw machine of one Juma Gul where Mobin, P. W. 8 and Subhanuddin (the appellant herein), both carpenters by profession, were also present. While the appellant and the deceased stayed behind and were busy in talks, P. W, Said Afzal was asked by the…

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