Law: Pakistan Penal Code, 1860

Section: 302,324,337(a)(iii),34

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)--- ----Ss. 302/34, 324/34 & 337(a)(iii)/34---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to accused by Supreme Court to reappraise the prosecution evidence to ensure fair administration of criminal justice in the case. (b) Penal Code (XLV of 1860)--- ----Ss. 302/34, 324/34 & 337(a)(iii)/34---Appraisal of evidence---Occurrence was of day time---F.I.R. was promptly lodged---Eye-witnesses were natural witnesses of the occurrence and their statements inspired confidence--­Medical evidence was fully supported by ocular testimony which had established the presence of eye-witnesses in the car at the time of incident--­Non-recovery of weapons of offence did not create any doubt in the prosecution version as the accused had remained at large for about one month and they could destroy the same---High Court had rightly agreed with conclusion of the Trial Court---Appeal was dismissed in circumstances. ORDER SYED DEEDAR HUSSAIN SHAH, J.---This appeal by leave of the Court is directed against the judgment of the Lahore High Court, Lahore, dated 25-2-1998, passed in Criminal Appeal No.308 of 1995. 2. The prosecution story, in brief, is that complainant Izzat Khan (P.W.5) lodged F.I.R. No.21 of 1994 Exh.P.Q./2, alleging that his brother Naseer Ahmed was murdered by his rivals, who while sitting in an ambush fired at the car, in which he and Rasheed Ahmad were seriously injured. The complainant was pursuing the murder case of his brother registered with Police Station Nankana Sahib under sections 302/34/148/149, P:P.C. vide F.I:R. No.296 of 1993. Taj Din etc., of the accused side -got registered a theft case F.I.R. No. 18 of 1994 under sections 457/380, P.P.C. against the complainant side with the connivance of the S.H.O. of said Police Station. Meraj Din and Kodu were detained in Police Station Saddar in connection with the said case. Four/five days earlier, Muhammad Siddique and Abdul Aziz informed the complainant that they had gone to the Police Station for giving meal to Kodu etc., they heard Ghulam Hussain Kitchi Inspector/S.H.O. and Ghulam Muhammad Lambardar, who fs related to Abdul Razzaq and Mushtaq…

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