PESHAWAR, June 19: The Peshawar High Court on Thursday upheld death penalty awarded to a person by a trial court on charges of committing a dual murder of a father and son.

A two-member bench, comprising the chief justice of the court, Justice Mian Shakirullah Jan and Justice Dost Mohammad, dismissed the appeal filed by Faizullah Khan, observing that eyewitness statements had proven that he had committed the crime.

The appellant had been convicted by an additional district and sessions judge in Kohat on Nov 5, 2002.

He had been handed over a death sentence besides having to pay a fine amounting to Rs100,000.

The appellant was charged of killing Fazal Noor and his son Amjad Khan in the jurisdiction of Jungelkhel police station, Kohat, on Nov 6, 1999.

The complainant, Sajid Khan, son of the deceased Fazal Noor, told the court that they had exchanged hot words with the appellant following which he had rushed into his house and came out with a pistol.

He stated that the appellant began firing at them, hitting the two deceased whereas he (Sajid) and his other brother, Fayyaz Noor, remained unhurt.

The lawyers, appearing on behalf of the complainant, said that there was enough evidence against the appellant and the prosecution had proven its case against him.

The appellant’s counsel contended during their arguments that it was a case of grave and sudden provocation and not intentional murder.