Law:

Section:

Penal Code (XLV of 1860)-----S. 302--Daylight murder--Presence of eye-witness/complainant on spot established--No animosity with accused--Complainants statement found unassailable--Plea that his personal character was such that his statement could not be relied upon safely, repelled as this would not militate against statement of said complainant/eye-witness--Appeal being devoid of merits, dismissed. Ch. Ghulam Ahmad, Advocate Supreme Court for Appellant. Ch. M. Yousaf, Assistant Advocate-General Baluchistan for the State. Date of hearing: 15th March, 1986. JUDGMENT MIAN BURHANUDDIN KHAN, J.--The accused /appellant was tried by a learned Single Judge of the Baluchistan High Court, on the original side, under section 302, P.P.C. for the murder of Sarfaraz Ali by stabbing him on the junction of Masjid Road and Prince Road, Quetta on 30-4-1974 at 9-30 a.m., and was convicted and sentenced to life imprisonment per judgment, dated 22-10-1978. 2. The prosecution version is that on the fateful day at 9-30 a.m. the reported Mushtaq Ahmad was standing in the Verandah of his hotel when he saw the accused /appellant giving knife blows to the deceased Sarfaraz Ali; that he alongwith Abdul Aziz P.W. 3 (hostile) reached the spot; caught hold of the accused /appellant; relieved him of the knife. The deceased, who was then in an injured condition, was put in a Rikshawand sent to the Civil Hospital, whereas the accused/ appellant was taken to the police station by Mushtaq Ahmad who lodged the report and handed over the weapon of offence which was taken into possession by the Investigating Officer Firdos Khan S.I. who took it into possession in the presence of witnesses. 3. Sarfaraz Ali died in the hospital and Dr. Mian Ajmal Latif performed the post-mortem examination on the dead body on 3-5-1978 and he found the following injuries, caused by sharp-cutting weapon: (i) Operation wound 6" in length in left para umblical region. (ii) Stab wound in left lumber region 3" in length. (iii) Wound outerside of left shoulder 1/2" in length. (iv) Incised wound on the back of right eye 3" in length. On the internal examination of the abdomen the doctor found that the descending colon was…

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