Law:

Section:

AJ&K Penal Code, 1860 (XLV of 1860)-- ----S. 302(c)--Conviction and sentence recorded by trial Court--Appeal dismissed by Shariat Court--Assailed--Legality of--No enmity or ulterior motive--Testimony of police cannot be discarded--Disparty between the medical report and report of police officer is equally untenable as no material contradiction is found in the statement of the witnesses when the investigation officer has testified all the documents and post-mortem report is proved by doctor--Delay in FIR hardly effects merits and truth of the case as reasonable explanation has been furnished by first informant--No reason is given for ignoring the statement of prosecution witnesses neither has any discrepancy, contradiction, mis-reading or non-reading of the evidence being pointed out or found from record. [Pp. 145 & 146] C, E, F & G AJ&K Penal Code, 1860 (XLV of 1860)-- ----S. 302(c)--Appreciation of evidence--Evidence of police witnesses--Value of--Held: When no enmity or ulterior motive is alleged against the police, the statement of the police officer cannot be discarded. [P. 145] D 2002 SCR 108. Evidence-- ----No enmity--Relationship of witnesses--Appreciation of evidence--Falsely implicate the accused--Relationship of the prosecution witnesses with deceased is no criteria for discarding their evidence. [P. 144] A Related Witnesses-- ----Discarding the evidence of eye-witnesses--Mere relationship is no ground for discarding the evidence of the witnesses if it is proved that they are natural witnesses and their statements appear convincing and truthful. 1992 SCMR 294; 1992 SCR 249 & 2001 SCR 240. Judgment Syed Manzoor Hussain Gilani, J.--This appeal is filed against the judgment passed by a learned Single Judge of the Shariat Court at Kotli on 29.10.2004, whereby sentence of 25 years rigorous imprisonment passed against the accused-appellant by the District Court of Criminal Jurisdiction, Kotli was maintained, however, benefit of Section 382-B Cr.P.C. is extended to the accused-appellant by the Shariat Court which was not earlier given by the District Court of Criminal Jurisdiction, Kotli. 2. The facts which led to the present appeal are…

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