Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--Offence of--Conviction for--Appeal against--Report lodged within one hour is not a delayed report--Occurrence took place in day light, there is no question of misidentification nor any reason for substitution of actual culprit--Complainant/eye-witness is not an interested and inimical witness because he has no motive to falsely charge convict-appellant--His statement is getting support and corroboration from medical as well as circumstantial evidence--Time of occurrence alleged by eye-witness is fully corroborated by opinion of Medical Officer--Long noticeable and unexplained abscondence of accused comprising one year and three months which has been proved by statement of PW coupled with warrants and proclamation notice--This is a case of single accused in which substitution is always very rare and it is not visible in here in case--Prosecution has been able to prove its case against convict-appellant beyond shadow of doubt--Conviction and sentence is upheld because due to absence of proof of motive, sentence of life imprisonment coupled with amount of compensation is appropriate--Appeal dismissed. Related witnesses-- ----Related witnesses some time, particularly in murder case, may be found very reliable because they, on account of their relationships with deceased, would not let go real culprit nor substitute an innocent person for him--Need of corroboration is only a rule of prudence. 2009 SCMR 99, ref. THIS JUDGMENT DELIVERED BY: SYED YAHYA ZAHID GILANI, JUSITCE:---.----- This is a criminal jail appeal filed by Khairullah, convicted by Mr. Aymon Zia, learned Sessions Judge, Bannu vide his judgment dated 10.5.2005 and sentenced to suffer life imprisonment and payRs. 2,00,000/- as compensation under Section 544-A Cr.P.C to the legal heirs of the deceased. 2. According to the prosecution case, the complainant Hukam Khan (PW-7/eye-witness) and Aqal Khan (deceased) are uterine brotheRs. On 04.6.2002 at 1230 hours, they arrived in the street of their Baithak after shopping of household articles. Aqal Khan entered in the Courtyard of Baithak and Hukam Khan was following him at a distance of about 17 paces when…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492