Law: Pakistan Penal Code, 1860

Section: 302(b),324,337-F(iv)

Law: Criminal Procedure Code (V of 1898)

Section: 156

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324 & 337-F(iv)---Appreciation of evidence---Complainant being the real uncle of the accused had no reason to falsely implicate him and substitute him with the real culprit---Presence of complainant at the scene of occurrence could not be doubted as out of the eye-witnesses he was the only witness who had sustained fire-arm injury during the incident---Complainant had charged the accused for the death of the deceased and for causing him fire-arm injury on his left knee---Statement of the complainant was corroborated by other eye-witnesses---Ocular testimony was consistent and confidence-inspiring and the same had to be preferred over medical evidence, which had over writings and had been tampered with at various places---Crime empties collected from the spot, according to Forensic Science Laboratory had been fired from the pistol recovered from the accused---Verbal defence assertion without its substantiation through documentary evidence, could not affect the merits of the prosecution case because the prosecution witnesses had no motive or malice against the accused for his false implication---Accused in the first instance, had himself provoked the deceased by abusing and insulting him for no reason and later killed him and injured his old uncle for no justifiable reason---Previous criminal record of the accused and his desperate nature had disentitled him to any further leniency in the matter of sentence---Convictions and sentences of accused were upheld in circumstances. Muhammad Iqbal v. State PLD 2001 SC 222; Muhammad Hayat v. State 1996 SCMR 1411; Shehr-ud-Din v. Allah Rakhio 1989 SCMR 1461; Muhammad Ilyas v. State, 1997 SCMR 25; Ibrahim alias Ibro v. State 1968 SCMR 1240; Muhammad Aslam v. State NLR 1978 Cri 293; Allah Bakhsh v. State PLD 1978 SC 171; Muhammad Tariq v. State NLR 1982 Cr.LJ 452; Farid v. Aslam PLD 1977 SC 4; Munir Ahmad v. State 2001 SCMR 241; Haji Muhammad v. State PLD 1966 (W.P.) Lah. 344; Said Shah v. State NLR 1988 Cri. 381; Liaqat Ali v. State 1982 PCr.LJ 390; Allah Bakhsh v. Ahmed Din 1971 SCMR 462 and Muhammad Mushtaq v. State PLD 2001 SC 107 ref. (b) Penal Code (XLV of 1860)---…

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