Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)--- ----S.302(b)---Constitution of Pakistan (1973), Art.185(3)---Eye-witnesses were the natural witnesses of the occurrence and their testimony inspired confidence---Fact that the eye-witness had not been named in the F.I.R. was not by itself sufficient to discard his testimony---Ocular evidence was corroborated by medical evidence---Occurrence was of broad daylight--­F.I.R. was lodged promptly---Case was of single accused---Absence of enmity between the parties had excluded all possibilities of false implication or substitution---Murder was preplanned and a brutal one---Impugned was strictly in accordance with the principles laid down by Supreme Court relating to dispensation of criminal justice and it warranted no interference---Leave to appeal was refused to accused accordingly. (b) Penal Code (XLV of 1860)--- ----S.302(b)---Appreciation of evidence---Principle---Testimony of a witness cannot be believed or disbelieved simply for the reason that his name appears or does not appear in F.I.R.---Real test is the instrinsic value of the testimony. JUDGMENT NAZIM HUSSAIN SIDDIQUI, J.---Petitioner, Muhammad Basharat, has impugned the judgment dated 12-9-2001 of a learned. Division Bench, Lahore High Court, Rawalpindi Bench, whereby Criminal Appeal No.225 of 2000 filed by him was dismissed and the death sentence awarded to him by trial Court was upheld. 2. The occurrence took place on 24-12-1996 at about 7-30 a.m. in the house of Haji Wilayat Hussain complainant, situated in Mouza Janjur within the area of Police Station Kahuta, F.I.R. No. 253 was registered at said Police Station on the same day on the statement of Haji Walayat Hussain under section 302 P.P.C. The incident was witnessed by Haji Wilayat Hussain complainant, Muhammad Yousaf (not produced) and Muhammad Younis P.W. 3. Sajid Hussain deceased was paternal grandson of the complainant. The petitioner/accused was arrested on 5-1-1997. One 8MM rifle was recovered from him on 8-1-1997 in presence of recovery witness Muhammad Iqbal. 4. The motive as set up by the prosecution, was that few days prior to the occurrence, the petitioner and the deceased had exchanged hot words between…

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