Law:

Section:

Penal Code (XLV of 1860)----Ss. 302, 324 & 337-F(i)---Constitution of Pakistan (1973), Art.185(3)---Case was of a single accused who had been charged for firing effectively on the vital parts of the deceased repeatedly---Ocular version had been furnished by disinterested witnesses who had neither any enmity with the accused nor any relationship with the deceased and were natural witnesses as occurrence had taken place in their shop---Circumstantial evidence and abscondence of accused had supported the ocular testimony---Nothing was available on record to create any doubt in the prosecution case---No mitigating circumstance existed to entitle the accused to a lesser sentence---Leave to appeal was declined to accused in circumstances. JUDGMENT MIAN SHAKIRULLAH JAN, J.--- The petitioner, through this jail petition, is seeking leave to appeal against the judgment of the Peshawar High Court. Peshawar whereby while maintaining his conviction recorded by the Trial Court under sections 302, 324, 337-F(i), P.P.C. and the sentences awarded to him (i) death and a fine of Rs.1,00,000 half of which on recovery was ordered to be paid to the legal heirs of the deceased as compensation under section 544-A, Cr.P.C. (ii) 7 years' R.I. with a fine of Rs.20,000 or in default one year R.I. (iii) 1 year's R.I. with Rs.10,000 as Daman to be paid to the injured complainant, respectively, his appeal was dismissed. 2. The brief facts of the case as given in the para.2 of the impugned judgment of the High Court is as under:--- "(2) Brief facts of the prosecution case in brief are that while on patrol duty, Abdul Qayum Khan, A.S.-I. on receipt of information about the occurrence went to the spot and met Asfandyar son of Raham Gul who reported in injured condition that he is running barber's shop in Muhallah Safer Khel of village Prang. On the day of occurrence, as usual, he was present in his shop busy in making shave of Tahir Muhammad son of Muhammad Gul of the said village when at about 11-15 a.m. Ayaz alias Ayazay son of Nisar came duly armed and challenging Tahir Muhammad started indiscriminate firing at him with…

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