Law:

Section:

Appreciation of evidence-- ----Principles--Mere fact of witnesses being related inter-se to deceased is not sufficient to discard their testimony outrightly, if such witnesses otherwise found to be witnesses of truth. [P. 107] B Azad Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 34 & 341--Criminal Procedure Code, (V of 1898), S. 436--Conviction and sentence awarded to appellants, assailed--Double murder--Injuries--Vital part of body--Intention of accused to commit murder--Qisas--Sentence of twice qisas is obligatory--Appreciation of evidence--Legal heirs waived right of qisas--Statements of witnesses of recovery--Contradiction between the statement of witnesses--Prosecution proved beyond any doubt that pistol was recovered at the instance of accused/convict and empties recovered from place of occurrence--Report of Forensic Science Laboratory--Blood-stained clay and blood-stained clothes of both deceased were also recovered and sent to chemical examiner--Validity--Whenever sentence of qisas will be awarded to any offender, then it shall also create a deterrent in the society due to which no other person shall dare to commit the offence of murder--Sentence of qisas is not enforced, then the peace and tranquility of society shall be jeopardised and it shall be enjoinder of debacle of peaceful and harmonious atmosphere--Held: Trial Court and Shariat Court had rightly awarded the sentence of twice qisas alongwith other sentences for the murder of two young men. [Pp. 108, 109 & 111] C, E, F & G Azad Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 341 & 34--Lalkara attributed to co-accused--Involvement of the family members--Appreciation of evidence--Not armed with any kind of weapon--Facts--Cannot be ignored--Society--If one member of family commits a crime than whole of family members are dragged into the case--Held: Co-accused was an old man and only allegation of lalkara was attributed to him--It would not be expedient to award punishment of life imprisonment or 10 years rigorous imprisonment merely on the basis of lalkara--Court felt persuaded to give him benefit of doubt as a matter of abundant caution and acquitted him--Held: Appeal of convict…

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