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Jail Petition No. 67‑R of 1983, decided on 19th June 1984.

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), 5.302‑‑Murder‑‑Testimony of independent eye‑witnesses corroborated by medical evidence and recovery of fire‑arm from accused petitioner‑‑Leave to appeal refused.

Date of hearing: 12th June 1983.

Opinion of first Judge

J.‑‑ This Jail Petition by Abdur Rehman petitioner is directed against the judgment of the Peshawar High Court, dismissing his appeal in a murder case.

2. He was accused of having murdered Yaqub Khan on 5‑12‑1979 at 'Pisheen Qaza Vela,' in Banser Bazar, District Manshera. The F.I.R. was lodged by Mst. Sabira, widow of the deceased. She reached the spot on hearing of the murder and was told by the witnesses present there that her husband had been killed by Abdur Rehaman. Of these witnesses she named Saif ur Rehman, Muhammad Sharif (P.W.7) and Muhammad Sattar (P.W.8). The accused was arrested and gun was recovered from him. The post‑mortem examination revealed 3 pellete injuries on the person of the deceased with scorched margin.

3. At the trial the prosecution relied on the ocular testimony of Muhammad Sharif (P.W.7) and Muhammad Sattar (P.W.8). It also relied on the statement of Mst. Sabira (P.W.6), medical evidence and the evidence of motive.

4. The prosecution version given by the witnesses was that on the date and time of occurrence they heard report of firing arm. Therefore they rushed to the spot and saw that Abdul Rehman was armed with a Tamancha while Yaqub deceased was lying dead.

The motive for the murder is stated to be that there was enmity between the two over a litigation. The trial Court believed the testimony of the eye‑witnesses who were independent witnesses. Their testimony is corroborated by the medical evidence and the recovery of the firearm from the petitioner.

I am of the view that even without corroboratory evidence of the eye‑witnesses is sufficient to sustain the petitioner's conviction. I do not therefore consider it a fit case for grant of leave. I would consequently dismiss this petition.

Opinion of the Second Judge

Abdul Kadir Shaikh

,

I respectfully agree.

Order of the Bench

The petition is dismissed.

S.Q.

Petition dismissed

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