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Penal Code (XLV of 1860), S. 302/34-Murder-Evidence of eye-witnesses corroborated by medical evidence and abscondence of accused for about 9 months-Petition for special leave to appeal dismissed. Q. M. Salim, Advocate Supreme Court instructed by Rana Maqbool Ahmad Kadri, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing : 25th October 1971. JUDGMENT M. R. KHAN, J.--The petitioner and his two brothers were convicted under section 302/34 of the Pakistan Penal Code for having committed the murder of Muhammad Aslam and sentenced to transportation for life, each. On appeal, the High Court gave the benefit of doubt to the petitioner's brothers and acquitted them, but maintained his conviction and sentence. Sometime before the occurrence on the 20th May 1968, Muhammad Aslam, deceased went to the shop of the petitioner's father Dalil Khan to purchase tobacco where Mst. Ghulam Zohra, the sister of the petitioner was looking after the sale. It was alleged that the deceased misbehaved with Mst. Ghulam Zohra which offended the petitioner and his brothers. They demanded the hand of the deceased's sister by way of settlement. This was not agreed to. Thereupon, the petitioner and his brothers went to the house of Muhammad Aslam, deceased at digarwela on the date of occurrence. The petitioner, who was then armed with a gun, fired at Muhammad Aslam which caused his instan­taneous death. The shots said to have been fired by the peti­tioner's brothers missed the deceased. On these allegations, the petitioner and his brothers were tried for the offence of murder the dead body of Muhammad Aslam found one fire arm injury in the neck of the deceased, which, in his opinion, was sufficient to cause death. The petitioner and his co-accused pleaded innocence and alleged that they were falsely implicated out of enmity. The occurrence took place during the day time and it was witnessed by 4 witnesses, namely, Isab Khan (P. W. 6), Shah Wali Khan (P. W. 7), Sikander Khan (P. W. 8) and Ahmad Khan (P. W. 9). Of them, P. W. 6 is the father of the deceased and P. W. 7 is his cousin. The other two P. Ws. are brothers-in-law of the deceased. Relying on their evidence, the…

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