PESHAWAR, Oct 29: A full bench of the Supreme Court upheld on Wednesday capital punishment awarded to a petitioner by a trial court in Nowshera for killing another person.
The bench, comprising Justice Nazim Hussain Siddiqui, Justice Jawed Iqbal and Justice Falak Sher, dismissed the leave to appeal the petition of the convict, Khwas Khan, and observed that the prosecution had proved its case against the petitioner.
The petitioner had killed a person, Mumtaz Khan, on July 10, 1997, in the jurisdiction of Bhadabher police station. The motive behind the murder was a land dispute between them.
The complainant in the case was Bahadur Khan who was accompanying the deceased at the time of the incident. After the murder of Mumtaz Khan, the petitioner remained absconder for about 10 months. During that period the complainant had recorded his evidence before the court and later he died.
The petitioner was sentenced to death by an additional district and sessions judge in 2002 in Peshawar. His appeal was dismissed by the Peshawar High Court in May and the capital punishment awarded to him was upheld.
SENTENCE UPHELD: A two-member bench of the Peshawar High Court dismissed on Wednesday an appeal of a convict and upheld the sentence of death awarded to him by a trial court.
The appellant, Haji Ahmad Janan, had killed his cousin, Lal Gul, over a monetary dispute in 1985 and remained absconder for about 15 years.
The bench, comprising Chief Justice Mian Shakirullah Jan and Justice Dost Mohammad Khan, observed that there were enough evidence on record to connect the petitioner with the commission of the offence.
The prosecution had claimed that the appellant was running a cement agency. It was stated that the deceased through fraudulent means obtained writing pads of the cement agency and wrote to a concerned factory to wind up the agency.
When the appellant came to know about his act he killed him. An FIR was registered at Takhte Nusrathi police station, Karak district, under section 302 of the Qisas and Diyat law.
The appellant was sentenced to death by the Karak district and sessions judge in 2000.