Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art.185(3)---Accused had been convicted on the basis of his alleged extra judicial confession before the Police Officer and circumstantial evidence of recovery of crime weapon from his possession at the time of his arrest from the place a little away from the scene of occurrence---Glaring contradictions in the statement of the Police Officer, prima facie, appeared difficult to be reconciled with the prosecution story---Leave to appeal was granted to consider whether principles of safe administration of justice laid down by superior Courts in criminal cases were followed in the case while appraising the prosecution evidence. (b) Penal Code (XLV of 1860)--- ----S. 302---Appraisal of evidence---Accused had been arrested by unbiased Police Officers just after the occurrence within a short distance of the scene of crime with a pistol in his hand giving fresh smell of discharge which according to Laboratory report matched the empties recovered from the spot---Testimony of ,prosecution witnesses who had arrested the accused inspired confidence and constituted substantive or direct evidence of crime---Conviction and- sentence of accused were upheld in circumstances. Nazir v. The State PLD 1960 (W.P.) Lah. 189; Khurshid Ahmad v. Kabool Ahmad and others PLD 1964 (W.P.) Kar. 356; Muhammad Noor and another v. Member-I, Board of Revenue, Balochistan and others 1991 SCMR 643 and Jan Muhammad and 3 others v. The State 1969 PCr.LJ 588 ref. Sardar Muhammad Ishaq Khan, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Appellant. Hafiz Aman, Advocate Supreme Court for Advocate-General, N.W. F. P. for the State. Date of hearing: 27th March, 1998. . JUDGMENT ABDUR REHMAN KHAN, J.---The appellant was found guilty under section 302, P.P.C. of the murder of Naib Khan by the learned trial Court of Sessions Judge, D.I. Khan and by judgment dated 13-10-1991 he was awarded life imprisonment and a fine of Rs.10,000 or in default of payment to spend more two years' R.I. He appealed against this judgment in High Court, Peshawar, and a learned Division Bench through judgment passed on 1-2-1994…

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