Law: Pakistan Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860), S. 302-Witness-Maxim: falsus in uno falsus in omnibus-Principle not accepted by Supreme Court-Evidence not accepted in same respects need not necessarily be rejected in other respects. JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner was tried along with his brother. Nurul Haq, under section 302/324/326/34, P. P. C. on the allegation that they alongwith absconder Abdul Khaliq had in furtherance of their common intention committed the murder of Yusuf deceased and caused injuries to his father, Saadullah Jan, and his mother, Taj Bibi, with dagger blows, on the 2nd of April 1971, at about 7-00 a.m. just outside the house of the deceased. The trial Court convicted them both on all counts and sentenced each of them to transportation for life on the charge of murder. On appeal the High Court at Peshawar gave the benefit of doubt to Nurul Haq and acquitted him of all the charges, but maintained the conviction of the petitioner alone for the murder of Yusuf and convicted him under section 302, P. P. C. He too was, however, acquitted of the charges under sections 324 and 326 read with section 34, P. P. C. for the injuries sad to have been caused to Saadullah Jan and Mst. Taj Bibi., The petition now seeks special leave to appeal and it is contended on his behalf that the conviction based on the ocular testimony of Saadullah Jan and Taj Bibi, close relations of the deceased, who had been disbelieved with regard to the implication of Nurul Haq as also with regard to the injuries on their own persons, was against the weight of evidence and, therefore, not sustainable. Learned counsel has also drawn our attention to the fact that Taj Bibi in her evidence had admitted that Sher Afzal, the maternal uncle of the deceased, who too posed as an eye�witness but was disbelieved, had of his own accord said that he would charge the petitioner and his brother, Nurul Haq, and maintained that this clearly suggested that the petitioner had been falsely implicated at the suggestion of Sher Afzal whose presence at the spot has not been accepted by the High Court. There is…