Law:

Section:

(a) Penal Code (XLV of 1860)----S. 302---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to accused to reappraise the evidence. (b) Penal Code (XLV of 1860)--S. 302---Appraisal of evidence---Eye-witnesses had no enmity with the accused and their statements were in consonance with probabilities and ' materially fitted in with other evidence and circumstances appearing in the case and inspired confidence---Recovery of pistol instead of gun from the accused in the attending circumstances did not adversely affect the testimony of eye­witnesses---Conviction and sentence of accused were upheld in circumstances. Muhammad Munir Peracha for Appellant. M.Aslam Uns for the State. JUDGMENT MUHAMMAD MUNIR KHAN, J.---In the occurrence which took place on 17-6-1988 at 5-30 p.m. at the Hotel of Fateh Khan in old Adda Larian, Mochh, District Mianwali, Khalid Khan appellant and his brother Muhammad Anwar Khan allegedly fired shots from gun and pistol respectively at Abdur Razzak and thereby caused his instantaneous death in the presence of Muhammad Khan P.W.5 and Shah Nawaz P.W.6. According to the medical evidence, the deceased suffered five fire-arm injuries on his person. The injuries found on his chest and shoulder, which were sufficient to cause death in the ordinary course of nature, were caused by the appellant and the injuries found on his palm and wrist were caused by Muhammad Anwar Khan. F.I.R. of this incident was lodged on the report of Muhammad Khan P.W.5 the maternal uncle of the deceased at Police Station, Mochh at a distance of 1-1/2 furlongs from the place of occurrence on the same day at 6-15 p.m. and was recorded by Ghulam Muhammad, Inspector P.W.8. The motive allegedly was that on the eventful day at about 8.-00 a.m. Khalid Khan appellant had gone to have a round of his lands near the Dera of Abdur Razzaq deceased to which the latter objected. This led to exchange of hot words between them. The appellant went away threatening the deceased with dire consequences. 2. No empty was recovered from the place of occurrence. The appellant was arrested on 26-6-1988. He got recovered pistol Exh.P.5 from his house on 29-6-1988 in the presence of…

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