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Appeal to Supreme Court------Petition for Special Leave to Appeal by convict from Jail-Treated as appeal. Abdul Qaiyum, Advocate Supreme Court for Appellant. Mushtaq Ahmad, Advocate-General West Pakistan (M. Z. Kitchlew, Advocate Supreme Court with him) instructed by Ijaz Ali, Attorney for the State. Date of hearing : 6th October 1958. JUDGMENT AMIRUDDIN AHMAD, J.-Criminal Appeal No. 16 of 1957, and Jail Petitions for Special Leave to Appeal Nos. 42 and 43 of 1957 are by three persons, namely, Jumma Khan, Azad and Sarwar, who were tried together on charges under sections 148, 307/149 and 396 of the Pakistan Penal Code for having along with two others committed dacoity, in the course of which two persons Feroz and Nur Khan were murdered and a woman Nek Bakht were wounded, on the night between the 5th and 6th December 1955, in Dhok Malkawali in the district of Campbellpur. Sarwar and Azad were convicted by the Sessions Judge and were sentenced to death under section 396 of the Pakistan Penal Code and Jumma Khan was acquitted. The appeals of the two first-named were dismissed by the High Court and their death sentences were confirmed, while the Government appeal against the acquittal of Jumma Khan was allowed and the same sentences as were imposed on the other two were imposed on the appellant Jumma Khan and he was also sentenced to death. Jumma Khan's appeal is Criminal Appeal No. 16 of 1957. Azad's Petition is No. 42 of 1957 and Sarwar's Petition No. 43 of 1957. As the whole case was before us, all the three were heard together. Azad's petition was dismissed, and Sarwar's petition (No. 43 of 1957) was treated as an appeal (Criminal Appeal No. 71 of 1958) with the consent of the learned Advocate-General who represented the State and waived notice of appeal. The conviction of the appellants and the petitioner rests on the evidence of two approvers, Muzaffar and Kala, the two eye-witnesses, Sher Zaman and Nek Bakht, supported by the recovery of a rifle (Exh. P. 47) and the bayonet Exh. P. 48 at the instance of the petitioner Azad, the recovery of a gupti (Exh. P. 10) from under his pillow at the instance of the appellant Jumma, and the recovery of a rifle, a…

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