Law:

Section:

Penal Code (XLV of 1860), S. 302-Murder-Evidence­Hearsay evidence-Evidence of prosecution witnesses neither con­clusive nor inspiring confidence-Witnesses stating to have heard from others that deceased had been fired at and killed by accused but person giving such information not produced as prosecution witness-Mere fact of abscondence of accused after commission of crime-Does not serve to establish accused's guilt beyond reasonable doubt-Accused acquitted in circumstances. Tasadduque Hussain, Senior Advocate Federal Court (Muhammad Ismail Bhatti. Advocate Federal Court with him) instructed by Muhammad Siddiq, Attorney for Appellant. Nazar Muhammad, Advocate Federal Court instructed by Iftikhar-ud-Din Ahmad, Attorney for the Crown. Date of hearing : 22nd February 1954. JUDGMENT ABDUL RASHID, C. J.-This is an appeal, by special leave, preferred by Abdul Rauf, from a decision of the Judicial Commissioner of the N.-W. F. P. confirming the sentence of death awarded to him under section 302 of the Pakistan Penal Code by an Additional Sessions Judge of Peshawar. Muhammad Azim Khan, an uncle of the appellant, was shot dead in broad day-light on the 24th September 1942, at about 9-0. a.m. near a butcher's shop. At noon the First Information Report was lodged by Muhammad Umar Khan (P. W. 3) at the police station to the effect that while he was resting in the village he was informed by several people that his brother Muhammad Azim Khan had been fired at and killed by Abdul Rauf near a butcher's shop. He went towards the shop and saw Azim Khan's body being brought to the village. People told him that Azim Khan was at the butcher's shop when he was fired at by Abdur Rauf. Abdul Rauf had approached Muhammad Azim Khan for the hand of his daughter in marriage. The deceased had refused to marry his daughter to Abdul Rauf about four years ago. After the incident, Abdul Rauf absconded for several years. He was, therefore, proclaimed as an outlaw and proceedings under section 512 of the Cr. P. C. were taken against him. During these proceedings several witnesses were examined and as, some of them had died, their statements were transferred to the record of the Sessions Court at…

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