Law:

Section:

Penal Code (KLV of 1860)--S. 319---Constitution of Pakistan (1973), Art. 185(3)---Defence counsel in the High Court, after considering the factual position of the case had conceded the charge of "Qatl-i-Khata" having been proved against the accused and, therefore, it could not be argued before the Supreme Court that the evidence on record fell short of proving the guilt---Prosecution evidence and defence evidence had established beyond doubt that the incident had occurred in the manner as alleged by the prosecution---Beside mistake of act or mistake of fact "Qatl-i-Khata" could be committed by rash or negligent act and the act of accused of roaming about with a loaded pistol and embracing the deceased in that position amounted to a negligent act---Impugned did not suffer from any legal flaw---Leave to appeal was refused to accused by Supreme Court accordingly. Mir Adam Khan, Advocate Supreme Court for Petitioner. Imtiaz Ali, Additional Advocate-General, N.-W.F.P. for the State. Respondent No.2 in person (on Court's Notice). Date of hearing: 14th July, 1999. ORDER ABDUR REHMAN KHAN, J. ---Petitioner, calls in question, the correctness of the judgment of the learned Chief Justice, Peshawar High Court, dated 17-5-1999, whereby, his appeal was partially accepted in that his conviction under section 319, P.P.C. and sentence of p4yment of 'Diyat' athounting to Rs.2,40,000, were upheld but the sentence of imprisonment of two years as 'Tazir' was reduced to one years' R.I. 2. Saifur Khan P.W.12 lodged the F.I.R. in respect of the murder of his nephew Afzal Khan on 29-11-1997 wherein he narrated the facts leading to the murder of Afzal Khan. It was stated in this report that he and Sajid (petitioner) were busy in gossiping in his "'Baitak". Sajid had a loaded .30 bore pistol in his hand. In the meantime Afzal Khan deceased entered the "Baithak". Sajid stood to greet Afzal Khan and during that time the pistol in his hand suddenly went off which injured Afzal Khan who later on expired. Prosecution for conviction relied on:------ (i) Ocular account furnished by complainant P.W.12. (ii) Recovery of empty shell from the spot, spent bullet from the dead body of the deceased,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492