Law: Penal Code (XLV of 1860)

Section: 302/34

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)   S. 302/34 Constitution of Pakistan (1973), Art. 185(3) Occurrence having taken place in broad daylight there was no possibility of mistaken identification Ocular evidence was substantially corroborated by the abscondence of accused for about three years Courts below on a detailed scrutiny of evidence had accepted the ocular account for valid reasons ¬Leave to appeal was refused in circumstances.  JUDGMENT MUHAMMAD RAFIQ TARAR, J:AjabShafi petitioner seeks leave to appeal from the judgment of a learned Single Judge of the Peshawar High Court dated 22 12 1993 whereby his Criminal Appeal No. 155 of 1992 challenging his conviction and sentence of imprisonment for life and a fine of Rs.20,000 under section 302/34 of the P.P.C., was dismissed. 2. The brief facts of the prosecution case are that on 11 5 1989 at 6 30 a.m. Sher Ali complainant and his brother Ismail were going to their land for removing wheat crop. When they reached near the house of Zar Jamil their mother gave them a call that their enemies were approaching and they should protect themselves. On this the complainant looked towards his right and saw the petitioner and his uncle acquitted accused Sahib Jan coming towards them. Sahib Jan exhorted the petitioner to fire upon which he fired his rifle at Ismail as a result of which he died at the spot. A land dispute between the parties was stated to be the motive for the offence. The occurrence was witnessed by Sher Ali complainant and his mother Mst. Sifat Jana. The case was registered on the same day at 2 45 p.m. on the report of Shert Ali at Police Station Sabirabad. 3. After the occurrence the petitioner was not traceable. He was declared a proclaimed offender. He appeared at the police station on 7 1 1992 and a supplementary challan was submitted against him. Prior to that his co¬-accused Sahib Jan who had been arrested earlier was tried and acquitted. 4. In support of its case the prosecution examined ten witnesses in all and its mainstay was the testimony of Sher Ali and Mst. Sift Jana who furnished the ocular account of the occurrence. The prosecution also relied on the medical evidence and the abscondence…

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