Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S.302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Sentence, reduction in---Mitigating circumstances---Evidence of related witnesses---Scope---Four accused faced trial out of which three were acquitted and one was convicted by Trial Court and sentenced to death for committing murder---Plea raised by accused was that there were contradictions in evidence of prosecution witnesses---Validity---During cross-examination some discrepancies were pointed out but such discrepancies and contradictions were not fatal for prosecution case---Presence of complainant and other eye-witnesses was not un-natural at bus stop as it was a public place and it was time of everyone to go to their respective works---Though prosecution witnesses were related inter se with deceased but mere relationship was no ground to discard evidence of witnesses particularly when they had no enmity or malice against accused---Some mitigating circumstances were noted by High Court, firstly motive was disbelieved and it was not determinable as to what the real cause of occurrence was and secondly what actually happened immediately before occurrence which resulted into the incident---Single firearm injury was attributed to accused and three co-accused were acquitted and no appeal had been filed by prosecution against their acquittal, therefore, sentence awarded to accused by Trial Court was harsh---High Court maintained conviction awarded to accused by Trial Court but by extending benefit of doubt, converted death sentence into imprisonment for life---Appeal was dismissed accordingly. Khalid Saifullah v. The State 2008 SCMR 688 and Zahoor Ahmad v. The State 2007 SCMR 1519 ref. Haji v. The State 2010 SCMR 650; Ghulam Mohy-ud-Din v. The State 2014 SCMR 1034; Muhammad Tahir Khan v. The State 1983 SCMR 1169 and Ansar Ahmad Khan Barki v. The State and another 1993 SCMR 1660 rel. (b) Criminal trial--- ----Falsus in uno falsus in omnibus---Applicability---Maxim "falsus in uno falsus in omnibus" has no universal application---Duty of Court to sift the grain from the chaff. Elahi Bakhsh v. Rabnawaz and another 2002 SCMR 1842 rel. JUDGMENT KHALID MAHMOOD…

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