Law:

Section:

Penal Code (XLV of 1860)-------S. 302(b)-Reappraisal of evidence---Lodging of F.I.R. within one hour of occurrence---Accused named in F.I.R. with his specific overt act in commission of offence---Complainant reiterated what he stated in F.I.R., but his veracity could not be shaken in cross-examination---Prosecution witness implicating accused with act of firing at deceased corroborated complainant---Credibility of prosecution witnesses could not be shaken during cross-examination--Evidence of such prosecution witnesses was unimpeachable and confidence-inspiring---Recovery of pistol was proved by marginal witness of recovery memo.---Medical evidence, recovery of pistol and its positive report by Forensic Expert and Criminologist corroborated such ocular evidence---No ambiguity existed in identification of accused---Conviction and sentence of accused was upheld in circumstances. Muhammad Zaman Bhatti, Advocate Supreme Court for Petitioner. Nemo for the State. Date of hearing: 26th June, 2006. JUDGMENT HAMID ALI MIRZA, J.---This jail petition for leave to appeal is directed against judgment, dated 1-9-2005 in Jail Criminal Appeal No.624 of 2004 and Murder Reference No.30 of 2004 passed by learned Division Bench of the Peshawar High Court, Peshawar whereby the said appeal was dismissed modifying the conviction from section 302(a), P.P.C. to section 302(b), P.P.C., however, sentence of death was maintained, hence, this petition for leave to appeal through jail. 2. Brief facts of the case are that the petitioner Shams-ul-Islam alias Fakhar-ul-Islam and Nasir were charged that the petitioner Shams­ul-Islam on 15-1-2002 at 0530 hours at Jabil Kanda Sar Lakopani Road while armed with .30 bore pistol committed Qatl-e-Amd of Gulfaraz Khan by firing at him and that he on the same date and time also attempted at the life of complainant Khan Sharif by firing at him ineffectively and that co-accused Nasir Khan though witnessed the petitioner Shams-ul-Islam committing Qatl-e-Amd of Gulfaraz Khan but intentionally omitted to give information which he was legally bound to. The said charge was read over to the petitioner and co-accused to which they denied, hence they were tried…

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