Law:

Section:

Penal Code (XLV of 1860)---Ss. 302(b)/34, 324/34 & 337-F(iii)/34---Constitution of Pakistan (1973), Art.185(3)---Ocular account of occurrence was consistent, convincing and confidence inspiring---Complainant had also received injuries during the occurrence---No enmity existed between the parties prior to the present occurrence and so there was no chance of false implication of accused---Medical evidence had corroborated the ocular testimony---Accused had absconded after the occurrence and gone abroad and he had been brought back through Interpol Police and declared a proclaimed offender---Failure on the part of accused to explain his absence was also an incriminating circumstance against him---Defence plea taken by accused by being not present at the scene of occurrence had no value---Accused and his co-accused had killed three innocent persons and injured five witnesses and he deserved no leniency---Impugned did not suffer from any illegality or infirmity---Leave to appeal was declined to accused in circumstances. JUDGMENT SYED SAKHI HUSSAIN BOKHARI, J.---Saif-ul-Islam petitioner, has filed this petition for leave to appeal against the judgment, dated 25-7-2007 passed by Peshawar High Court, Peshawar whereby appeal brought by petitioner against the judgment dated 4-7-2006 passed by Additional Sessions Judge, Mardan was dismissed and sentence of death confirmed. 2. Relevant facts for the disposal of this petition are that Ghulam Muhammad complainant, got registered case (F.I.R. No.255, dated 4-7-2007 under sections 302/324/34, P.P.C. with Police Station Saddar, Mardan) against the petitioner and others. He (Ghulam Muhammad) appeared as P. W.4 and his statement reads as under:--- "P. Ws. Sardar, Shaukat and Sher Afzal are my brothers. P.W. Said Afzal is my son. Deceased Noor Muhammad and Sher Ali Khan were my brothers while deceased Muhammad Ali was my nephew. P.Ws. Taj Muhammad and Zar Muhammad are my maternal-uncles. P.Ws. Taj Muhammad and Zar Muhammad are the cousins of accused facing trial. Furthermore, the sister of Saif-ul-Islam is the wife of P.W. Zar Muhammad. Accused Saif-ul-Islam and Shamsul Islam are brothers inter se while Majid co-accused is the…

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