Law:

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(a) Supreme Court Rules, 1980-----O. XXIII, para. 2-Penal Code (XLV of 1860), S 302-Jail petition barred by 9 days-Supreme Court condoned delay in con­sideration of petition involving sentence of life imprisonment.--[Delay]. (b) Constitution of Pakistan (1973)- -- Art. 185(3)-Penal Code (XLV of 1860), S. 302-Fact that deceased was accompanying prosecution witnesses established-Accused firing shots at deceased and also inflicting blow at his chest with knife, absconding from scene of occurrence and arrested after two months­ Deceased before death charging accused as assailant - Motive of crime also present-Points raised adequately dealt with by High Court ­No case made out against concurrent findings of Courts below awarding life imprisonment-Leave to appeal dismissed. JUDGMENT MIAN BURHANUDDIN KHAN, J.-This Jail Petition is barred by 9 days but as it involves the sentence of life imprisonment, the delay is condoned. 2. Dost Muhammad petitioner was sentenced to life imprisonment under section 302, P. P. C. for committing the murder of Rahmat Ali by firing at him with a p1stol and then inflicting stab wound on him with a knife on 3-7-1980 at about 11-45 a.m. in a place known as Fazale Maula Masjid Bazar, per judgment of the Additional Sessions Judge, Peshawar, dated 28-9-1981. Petitioner filed an appeal against his conviction and sentence which was dismissed by the Peshawar High Court vide judgment, dated 7-2-1983. The learned High Court awarded Rs. 5,000, as compensation to be paid to the heirs of the deceased under section 514-A, Cr. P. C. 3. The case against the petitioner was supported by Abdus Salam, P. W. 6 and Muzaffar, P. W. 7. The former was…

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