Law:

Section:

Penal Code (XLV of 1860)-------S. 302---Constitution of Pakistan (1973), Art.185(3)---Dying declaration made by deceased was straightforward and was fully corroborated by other .prosecution evidence---Accused being known to the deceased, question of his misidentity could not arise---No mitigating circumstance for awarding lesser punishment was available in favour of accused---Leave to appeal was refused--­Case of accused being covered by the Amnesty Order of the President, his sentence of death was converted to imprisonment for life. Eid Muhammad v. The State PLD 1993 SC 17 rel. 1991 PCr.LJ 1445 ref. JUDGMENT FAZAL ILAHI KHAN, J.---This is a Jail Petition for leave to appeal against the judgment of Peshawar High Court, Peshawar dated 27-2-1989 whereby the petitioner's appeal against the judgment of the Additional Sessions Judge-II, Swabi dated 22-3-1988 was dismissed and the Murder Reference was accepted. 2. On 10-2-1985 Rad Ali son of Karim Khan, deceased aged about 25/26 years, resident of Village Kalu Khan was brought by his father to Civil Hospital, Kalu Khan in injured condition and the injured in presence of his father and Lady Doctor Fahima Ihtesham made a statement before Amir Muhammad Khan, A.S.I. (P.W.11) that at the time of occurrence he alongwith his father was proceeding to his house and when they reached Village Jolagano Kothey, Mehtab Khan son of Tayee Khan (petitioner) fired 'at him with a "Landiwal Tamacha" with intention to kill him and was injured whereafter the accused decamped from the spot. Regarding the motive it was stated that the petitioner had developed illicit relations with the daughter of Fazal Rehman one of his relations and he (complainant) had asked the accused to desist from visiting her house. After recording, the statement was read over to him who after admitting it correct thumb-impressed the same. As the injured was in serious condition; therefore, he obtained the signature of Lady Doctor Fahima Intesham and thumb-impression of Karim Khan on the statement. The Murasila was sent to the police station for registration of the case. The Murasila Exh.PA/1 is correctly incorporated in F.I.R. Exh.PA, dated 10th February, 1985 by…

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