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Penal Code (XLV of 1860)----S. 302/34--Criminal Procedure Code (V of 1898), Ss. 103 & 537-­Constitution of Pakistan (1973), Art. 185(3)--Appreciation of evidence --Leave to appeal granted to consider submissions (i) that since all eye-witnesses were related inter se and there was dispute between parties over matrimonial affairs, reliance on their testimony could not be placed without independent corroboration which was lacking in the case: (ii) that circumstantial evidence as to alleged recovery of shot gun was not reliable because, it was made after 14 days of petitioner's arrest and was in derogation of provisions of 5.103, Cr.P.C. and (iii) that in absence of satisfactory evidence of petitioner's having caused the fatal injury, he could not have been convicted under S.302, Penal Code by Trial Court and his conviction could not have been altered to one under S.302/34 P.P.C. by High Court on mere assumption that Trial Court omitted to record such finding and further High Court could not treat such absence of finding as a mere irregularity curable under S.537, Cr.P.C. Order ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of Baluchistan High Court, dated 21-12-1986 dismissing petitioner's appeal against his conviction under section 302, P.P.C. recorded by the Additional Sessions Judge Usta Mohammad, for which he was sentenced to death. The report of the crime was lodged by Niaz Mohammad on 10-11-1984 at about 12.00 noon at Usta Mohammad Police Station, the incident having occurred at 9.00 a.m. on the same day near Goth Mohammad Panah Mongal, Tehsil Usta Mohammad District Nazirabad, about 3 miles from the Police Station. The version of incidence given by Niaz Mohammad in the F . I . R . was that he and Wali Mohammad (injured P.W.3) had gone to Goth Hamidullah Buledi, a day prior to the day of occurrence, to attend the funeral ceremony of Mst. Bakhtiar, and after spending the night there they alongwith Kalu, Mohammad Ayub, Mst. Laala and Alla Bakhsh (deceased) proceeded to Usta Mohammad to make some purchases. Whey they reached near Village Mohammad Pana Mengal at about 9.00 a.m. the petitioner and one Arbab armed with shot…

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