Law:

Section:

(a) Criminal trial------Evidence---Scope---Corroborative evidence---Evidentiary value---Ocular evidence matters in all criminal cases related to human body---No conviction can legally sustain only on corroborative pieces of evidence such as recovery, medical and circumstantial. 2011 SCMR 460 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 148 & 149---Qatl-e-amd and rioting with deadly weapons---Appreciation of evidence---Ocular account---Non-recovery of weapon---Accused was convicted and sentenced to 25 years of imprisonment by Trial Court for committing murder---Plea raised by accused was that no recovery had been effected from him---Validity---all prosecution witnesses of ocular account fully supported one another in respect of date and time of incident, place of incident and narration of incident and even had categorically stated that accused along with other co-accused caused fire shot to deceased---Accused was directly charged for playing active role in causing murder of deceased and there was no allegation of any incorrect identification of accused as parties were known to each other---Accused did not come out with any specific plea of his false involvement nor could succeed in causing grave dent in prosecution case with regard to innocence---Sufficient evidence was available against accused and Trial Court did not commit any illegality in believing ocular account---Mere non-recovery from possession of accused was not sufficient to disbelieve direct evidence---Recovery of crime weapon in criminal case related to human body and could only serve as piece of supporting evidence, if case was otherwise proved by other evidence independently---Prosecution successfully established charge against accused through ocular account, which was further supported by medical evidence and by the weapon with which, per ocular account, deceased was murdered by assailants including accused---Accused failed to show any material illegality in passed by Trial Court nor there was any misreading or non-reading of evidence by Trial Court, hence no illegality or irregularity was committed by Trial Court in convicting the accused---Appeal was dismissed in circumstances. PLD…

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