Law:

Section:

(a) Penal Code (XLV of 1860)----S.302(b)---Constitution of Pakistan (1973), Art.185(3)---Sentence--­Presence of accused with fire-arm at the spot at the relevant time showed that the crime was premeditated and pre-planned---Atrocious crimes sometimes were committed without any notice or for very minor motive, as such adequacy or weakness of the motive or where motive was alleged but not proved, Court was duty bound to scrutinize the prosecution evidence carefully---Motive would become immaterial in the presence of trustworthy and reliable ocular evidence as it being a guess of the complainant was only within the exclusive knowledge of the offender--­Prosecution had proved its case by reliable evidence beyond any doubt---No mitigating or extenuating circumstance was available on record for reducing the normal penalty of death to lesser punishment of imprisonment for life--­Leave to appeal was refused to accused by Supreme Court in circumstances. (b) Penal Code (XLV of 1860)--- ----S.302(b)---Appreciation of evidence---Motive---Absence of motive or failure to prove the motive would not adversely affect the prosecution case if it has been proved by reliable evidence. JUDGMENT MIAN MUHAMMAD AJMAL, J.---The petitioner has sought leave to appeal against the judgment of the Peshawar High Court, Peshawar dated 16-10-2001, whereby Criminal Appeal No.37 of 1999 filed by him was dismissed, his conviction and sentences were upheld and Murder Reference was answered in affirmative. 2. Succinctly stated, facts of the case are that on 27-11-1983 at 5-15 p.m., a case under section 302, P.P.C. was registered against the petitioner with Police Station Badaber, District Peshawar on the statement of Ashraf Shah, complainant, for the murder of his father Munawar Shah. The prosecution version is that on the day of occurrence, the complainant alongwith his father Munawar Shah (driver of the truck) and uncle Qabil Shah (labourer) had gone to bring gravel (Bajri) from Surezai Khawar. At 3-30 p.m., they reached Surezai Khawar and as soon as they got down from the truck, Hamid Khan, the petitioner duly armed with Topak, came there and fired at Munawar Shah, who died at the spot. The…

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