Law: Pakistan Penal Code, 1860

Section: 34,109,302(b),324

Law: Qanun-e-Shahadat (10 of 1984)

Section: 113,132

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, common intention---Appreciation of evidence---Ocular account corroborated by medical evidence---Allegation against accused was that he made firing, as a result whereof, two persons were seriously injured---Brother of complainant succumbed to the injuries---Injured/eye-witness had given detailed account of the incident---Statement of injured/eye-witness was of much significance and immense value---Said witness stated that accused had come to his shop and fired two shots at him, which landed on his left arm and left leg---Accused made two fire shots at the deceased---Although lengthy cross-examination conducted by defence but version of witness regarding firing two shots on deceased and two on injured remained unquestioned and unrebutted---No cross-examination was conducted on such portion of the statement/version, which tantamounted to admission---Such part of statement of injured witness was not only crucial but substantive to determine the guilt of accused---Injured witness furnished direct ocular account with specific role of aimed firing made by accused at the person of deceased and injured---Statement of injured witness found corroboration from medical evidence and attending circumstances---Postmortem report of deceased showed two fire arm injuries on his body, which was in conformity with the evidence of injured/eye-witness---Circumstances established that accused was responsible for committing murder of the deceased---Appeal against conviction was dismissed in circumstances. PLD 2010 SC 642; PLD 2007 SC 249; 2007 PCr.LJ 1669; 1993 PCr.LJ 1632 and 2012 PCr.LJ 1840 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 113 & 132---Facts admitted need not to be proved---Scope---Admitted facts did not require any proof and if some portion of statement of a witness remained without cross-examination, same would be considered as admission. (c) Maxim--- ----Falsus in uno falsus in omnibus had no universal application---Law developed on the principle of "sifting chaff out of grain". 2013 PCr.LJ 603; 2012 YLR 510; 2010 SCMR 1090 and PLD 2002 SC…

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