Law:

Section:

Constitution of Pakistan (1973)--Art. 185(3) read with Penal Code (XLV of 1860), S. 302¬Murder Conviction for .Leave to appeal Granted to appraise evidence in order to see if accused/petitioner had been rightly held guilty of murder and if so whether capital punishment was deserved. ORDER M. S.H. QURAISHI, J. The petitioner is under a sentenced of death, having been found by the Additional Sessions Judge, Peshawar, guilty of the murder of Abdul Qayyum deceased and his appeal having failed before the High Court. 2. The relevant occurrence took place on 22 11 1980 at 9.05 a. m. In Shabqadar Bazar, Peshawar, about 1 ½" furlongs from Shabqadar Police Station. Complainant Sabz Ali, brother in law of Abdul Qayyum deceased and the latter's brothel Mujahid were at that time going through the bazar towards their shop. When they were passing by the shop of Sher Gul. Petitioner Gui Harder appeared with a pistol and fired three or four shots at the deceased causing injuries to him, to which he later succumbed in hospital. The motive for the crime was that the deceased had refused to give the hand of his sister in marriage to him. One 32 bore empty was recovered from the spot. The petitioner, who had fled from the scene at the time of the occurrence, was declared absconder and was arrested four months later on 22 3 1981. A pistol with a holster containing 32 cartridges was recovered from him. The prosecution case rested on the ocular testimony furnished by Sher Ali complainant and Mujahid, the recoveries, the factum of the empty having matched with the…

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