SAHIB GUL Versus ZIARAT GUL

ORDER

1. MUHAMMAD YAQUB ALI C, J. Ziarat Gul, respondent was sentenced to death and his son Jahan Gul was sentenced to life imprisonment by the Additional Sessions Judge, Peshawar, for committing, the murder of Hayat Gull son of the real brother of the first named. On appeal and reference a Division Bench of the Peshawar High court considered the evidence led by the prosecution not reliable and acquitted the respondents. Sahib Gull. grandfather of Hayat Gul deceased, feels aggrieved by the judgment and order of the High Court and seeks leave to appeal.

2. We have heard Mr. Abdul Samad Khan in support of the petition and examined the relevant evidence which bas inclined us in favour of maintain ing the 'order passed by the High Court. There are discrepancies in the testimony of the two eye‑witnesses and Sahib Gul who lodged the F.I.R which cast doubt on the prosecution case. The Advocate-General N.‑W. F. P., who appears for the State also opposed the petition.

3. Dilawar, one of the eye‑witnesses, runs a shop near the Police 3dttlon According to Sahib Gul, he had accompanied him to the Police Station when he lodged the F. I. R. Yet the statement of Dilawar was recorded by the police 4 days after the occurrence. There is no rational explanation for this occurrence. 'This witness is also related to the complainant.

4. In regard to the 6th eye‑witness, Javed Gul, the learned Judges have out as many as eleven reasons which proved to their satisfaction that he not seen the occurrence. One may differ with some of these reasons but some are well founded. Prosecution has also failed to place on record any motive for which Ziarat Gul and his son joined hands to kill their own kit and kin.

5. In the circumstances, we find no adequate ground to call in question the order of acquittal and dismiss the petition for leave to appeal.

6. Petition dismissed.