Law:

Section:

Penal Code (XLV of 1860), S. 302/34-Murder by pistol shot in railway compartment- Evidence of all prosecution witnesses except one discarded-Conviction can be based on statement of a single witness if reliable-Prosecution witness deposing that deceased after being fired at named accused as his assailants and described them as his old enemies-Such witness straightforward, consistent and trustworthy arid no reason appearing to disbelieve him-Evidence of witness also corroborated by recovery of pistol, dying declaration and strong motive of accused to kill- Appeal dismissed. Manzur Qadir, Senior Advocate Federal Court (Hamiduddin. Advocate Federal Court with him) instructed by Virasat Hussain Naqvi, Attorney for Appellant. A. R. Changez, Advocate-General of West Pakistan (Mushtaq Hussain, Advocate Federal Court with him) instructed by Ijaz Ali, Attorney for the Crown. Date of hearing : 12th January 1956. JUDGMENT AKRAM, J.-This is an appeal with our leave by the convict; Shah Wali from his conviction and sentence of death under sec­tion 302/34 and rigorous imprisonment for ten years under section 307/34 of the Penal Code passed by the Sessions Judge of Mianwali and confirmed by the High Court of West Pakistan at Lahore after dismissing Criminal Appeal No. 425 of 1955 preferred against the convictions and sentences aforesaid. Briefly stated the case for the prosecution was that there existed a bitter enmity between the appellant and the deceased on account of the previous murder of Haq Nawaz (appellant's brother) by Abdullah (brother of Sher Babadur, deceased), for which Abdullah's sentence of transportation for life was reduced, on appeal to the High Court, to rigorous imprisonment for five years; that in order to avenge the death of Haq Nawaz (being dissatisfied with the sentence of five years' imprisonment of Abdullah as inadequate), the appellant and his brother Shah Alam shot at Sher Bahadur hitting him and another person Hayat, P. W. 29, while they were travelling in a railway compartment from Daud Khel to Lahore, just as the train started from Daud Khel station at about 7-50 p.m. on the 10th of September 1954; that as a result of the firing Sher Bahadur died…

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