Law:

Section:

Penal Code (XLV of 1860)--S.302(b)---Constitution of Pakistan (1973), Art. 185(3)---Blind murder--­Night occurrence---Identification of accused by voice---Oral dying declaration---Trial Court awarded capital punishment whereas High Court acquitted the accused in appeal---Leave to appeal was granted by Supreme Court to consider as to whether in the facts and circumstances of the case the question of identification of the accused did require any further probe than the hearing of voice of the accused who was already known to prosecution witnesses; whether the case of prosecution had not been considered in its true perspective in that witnesses in the case had no enmity with the accused who had been awarded capital punishment by Trial Court and whether reliance placed by Trial Court on oral dying declaration of deceased before prosecution witnesses could be justifiably rendered ineffective by High Court. ORDER CH. MUHAMMAD ARIF, J.---This petition under clause (3) of Article 185 of the Constitution of Islamic Republic of Pakistan, 1973 by Haji Muhammad Banaras, real brother of Muhammad Anwar alias Kala, deceased in a murder case having been examined as a prosecution witness therein, is directed against the judgment, dated 12-3-1996 of Peshawar High Court, Abbottabad Bench whereby respondent-Muhammad Ayaz remained successful in challenging his conviction under section 302(b), P.P.C. and sentence to death as Ta'zir with a fine of Rs.40,000 or in default of payment of fine, to undergo two years' R.I. 2. Briefly stated the facts leading to this petition are that concerning an occurrence, dated 29-4-1992 having taken place within the Revenue Estate of Donali. Pul village Bheri Bandi in which petitioner's brother Muhammad Anwar alias Kala was done to death at about 20-00 hours, the dead body of Muhammad Anwar was brought at the Emergency Ward of Civil Hospital, Haripur at 21-30 hours. A.S.-I. Muhammad Nazir (P.W.13) recorded the report of the petitioner to the effect that at 20-45 hours -he was present in his house at Donali Pul village -Bheri Bandi and was informed by Yousaf (P.W.12) that he alongwith P.W. Allah Ditta (not examined) and Muhammad Anwar deceased were…

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