Law:

Section:

(a) Penal Code (XLV of 1860)-------S.302---Motive---Appreciation of evidence---Fact that a motive is suggested and not proved does not totally destroy the prosecution case: --[Motive]. (b) Penal Code (XLV of 1860)--- ----S.302---Constitution of Pakistan ' (1973), Art.185(3)---All the three eye­witnesses were independent---One eye-witness was actually with the accused when accused fired at the deceased---Fact that motive was not proved would not affect the prosecution case in presence of such strong ocular account--­Discrepancies in the nature of fire-arm used were not material as ail villagers cannot differentiate different types of rifles and guns by their particular distinctive names ---Prosecution, held, had proved its case to the hilt against accused---Leave to appeal was refused in circumstances. ORDER RUSTAM S.SIDHWA, J.---This is a petition by Munawar Shah petitioner seeking leave to appeal against the judgment of the Peshawar High Court dated 20-6-1989, dismissing his appeal. The brief facts of the case are that Qalandar s/o Rehmatullah, aged about 55/60 years, lodged a report with police station Oghi on 1-8-1985 at 3.15 p.m. wherein he stated that his son Muhammad Hamayun was working as a labourer with the Forest Guards of Watershed, where other boys of the village also worked as labourers for planting plants; that his son Muhammad Hamayun came to his house at lunch interval and after taking his meal he went back to his duty; that at that time he was accompanied by a child Javed son of Miskeen, who also took meals alongwith him; that when his son reached at a place known as Dhangari Maidan at 1.00 p.m., Munawar Shah s/o Muhammad Hussain Shah accused, a co-villager, accompanied by Muhammad Abid son of Muhammad Saleh resident of Girdri, situated in the limits of Ismail Bandi, came from the front side, duly armed with guns; that Munawar Shah accused fired a shot with his gun at Muhammad Hamayun, his son, and killed him; that all this information was conveyed to him by Khurshid s/o Ghulam Rasool, his co-villager; that when he the complainant went to the spot, he saw his son Muhammad Hamayun lying dead there, having injuries on the left side of his neck and…

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