Law:

Section:

Penal Code (XLV of 1860)----- ----S. 302/34---Criminal Procedure Code (V of 1898), S.103--­Appreciation of evidence ---F.I.R. was lodged after a delay of two hours--­Eye-witnesses were admittedly. interested and closely related inter se whose version needed independent corroboration which was lacking--­Ocular evidence was contradictory---Weapons recovered from the accused were not sent to Ballistic Expert for opinion---Both the Mashirs being police personnel, recovery was in violation of S.103, Cr.P.C.---Ocular testimony having come from interested and closely related witnesses, reliance by the Trial Court on the same alone to justify conviction of the accused was against the well-settled principles of law--­Acquittal of some accused and conviction of others on the same set of evidence, by the Trial Court, in the absence of direct corroboratory evidence was unwarranted---Accused were given the benefit of doubt and acquitted in circumstances. Muhammad Iqbal v. The State 1984 SCMR 930; Mehmood Ahmed v. The State 1995 SCMR 127; Haji Sattar Muhammad v. Muhammad Aslam 1990 PCr.LJ 1286; Amir Bux v. The State 1990 PCr.LJ 1765; Ziaullah v. The State 1993 SCMR 155; Rab Rakhio v. The State 1992 SCMR 793; Mansha v. The State 2001 PCr.LJ 1590; Habib-ur-­Rehman v. The State RLD 1994 Pesh. 126; Mir Hassan v. The State 1999 SCMR 1418; Mehrban v. Haji Abdul Hamid @ Majid PLD 1983 SC 117; Ghous Muhammad v. The State 1971 PCr.LJ 108; Mujahid Hussain v. The State 1995 SCMR 1573 and Mansha v. The State 1994 PCr.LJ 935 ref. JUDGMENT The appellants have been convicted and sentenced under section 302/34, P.P.C. for life imprisonment with a fine of Rs.1,00,000 and in case of non-payment of fine amount they had to suffer R.I. for one year more., The fine if recovered was directed to be paid to the legal heirs of the deceased. Briefly the facts of the case are that on 27-3-1997 at 9-00 a.m. complainant Haji Gul Muhammad lodged his report with Police Station Mehar stating therein that Mst. Zarina, sister of Abdul Raheem, was married to accused Sobho son of 'Muhammad Mureed. On 27-3-1997 complainant along with deceased Abdul Reheem and Photo and P.Ws. Shaman and Muhammad Azeem left their…

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