Law: Pakistan Penal Code, 1860

Section: 147,148,149,307

Law: Azad Jammu and Kashmir Islamic Laws (Enforcement) Act, (IX of 1974)

Section: 7,15,24

(a) Criminal trial--- ----Witness---Related witness---Scope---Mere relationship with the deceased, was not sufficient to discard the evidence of the prosecution witnesses, but where there appeared that the parties were inimical towards each other, the witnesses were related inter se, and interested in conviction of an accused; and apprehension of false implication also could not be ruled out, the deposition of such witnesses must be corroborated by some confidence inspiring independent incriminating material. (b) Penal Code (XLV of 1860)--- ----Ss. 307, 147, 148 & 149---Azad Jammu and Kashmir Islamic Laws (Enforcement) Act (IX of 1974), Ss.7, 15 & 24---Qatl-e-amd in which qisas shall not be enforced, rioting, common object---Appreciation of evidence---Motive, though was not proved, in the case, but the deposition of the eye-witnesses and trend of cross-examination, had shown that enmity prevailed between the parties---All the witnesses being related inter se and also inimical towards accused, strong corroboration from some independent source in support of the ocular version, was required, in the circumstances---No bullet injury was found at the person of the deceased---Ocular version to the extent of using pistol during the incident, was not correct; and that part of the story was an exaggeration---Report did not indicate that the wound on the body of the deceased was result of two gunshots---Claim of the prosecution that the two fires hit the deceased at the same part of the body, and caused injuries, was highly doubtful---Weapon of offence, 12 bore gun was recovered at the instance of two witnesses, who were closely related to the deceased---Said witnesses were established to be inimical towards accused, but Investigating Officer ignored such enmity---Proceedings undertaken by Investigating Officer, while seizing the weapon were not transparent---Prosecution witnesses who were interested and inimical, were not found "Adil" during purgation, their deposition was not safe to be believed for recording conviction of accused without any corroboration from some independent source---Site plan also negated the prosecution story---Conviction of accused, in…

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