Law: Penal Code (XLV of 1860)

Section: 302/307

Penal Code (XLV of 1860)--   --S.302/307--Appraisal of evidence--Defence plea--Material brought on record in cross-examination belying ocular testimony as to causing injuries to deceased--No blood was found at stated place where two deceased had fallen down after being shot dead which created a grave doubt as to venue of occurrence--Nothing substantial argued to dislodge conclusion that accused was entitled to benefit of defence plea on charge of murder--Accused acquitted in circumstances.   JUDGMENT MUHAMMAD HALEEM, C.J.--These three criminal appeals, by leave, arise from the judgment of the High Court dated 15-11-1981, whereby Qalandar Khans conviction under section 302, P.P.C. was set aside although his conviction under section 307, P.P.C. was ,maintained. Criminal Appeal No.23 of 1982 is directed against his conviction under section 307 P.P.C. while Criminal Appeals Nos.22 of 1982 and 24 of 1982 are against his acquittal on the charge of murder. The former having been preferred by Shah Nawaz while the latter by the State. Both Qalandar Khan and Noor Muhammad were tried together for the murder of Zahid Hussain and for the attempted murder of Munsif Khan. Noor Muhammad, the driver of the car in which appellant Qalandar Khan was travelling was acquitted while Qalandar Khan was convicted under section 302 P.P. C on the capital charge and sentenced to undergo imprisonment for life and to pay a fine of Rs.3,000 or in default to undergo rigorous imprisonment for one year for the murder of Zahid Hussain and also under section 307 P . P. C . for attempting to cause the death of Munsif Khan for which offence he was sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs.1,000. Shah Nawaz PW (11) a cousin of the deceased gave his statement at the Civil Hospital, Abbottabad, at 1315 hours stating therein that at about noon while he, Jafar, Munsif Khan and Zahid Hussain were standing near Sadiqs hotel at Mangal Bazar, District Abbottabad, a white car belonging to Qalandar Khan appeared and stopped near them. They saw Qalandar Khan seated in the car and Shah Ji alias Noor Muhammad at the drivers seat. No sooner had the car stopped,…

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