Law:

Section:

Pakistan Penal Code, 1908 (XLV of 1860) --.-- --.-- Ss. 392 & 394 --.-- Sentence --.-- Identification proceedings --.-- Report of F.S.L. --.-- Matching bullet casing with pistol, not free doubt --.-- Acquittal of --.-- Neither of magistrates had certified that in identification proceedings other persons, amongst whom appellants were placed, were of similar age, height, built and colouring --.-- Main object of identification proceedings is to enable a witness to properly identify a person involved in a crime and to exclude possibility of a witness simply confirming a faint recollection or impression, that is, of an old, young, tall, short, fat, thin, dark or fair suspect --.-- None of three persons participated in identification proceedings and two were not even produced as witnesses --.-- During identification proceedings both accused had informed magistrates who were conducting identification proceedings, and before identification proceedings commenced, that they had earlier been shown to witnesses --.-- Identification of appellants in Court by eye-witnesses who had seen culprits fleetingly once would be inconsequential --.-- Neither FSL nor any of policemen, who had retrieved bullet and its casing and had kept them in custody and then delivered them to laboratory, mention marks affixed on seals affixed on parcels in which said items were delivered to and received by laboratory --.-- Conviction of appellants merely on basis of firearm expert's report because of legitimate about when and how bullet casing and pistol were delivered to FSL. JUDGMENT Qazi Faez Isa, J. --.-- These two appeals arise out of a common judgment of the Rawalpindi Bench of the Lahore High Court whereby the conviction awarded by the Additional Sessions Judge, Rawalpindi to the appellants for the murder of Haji Muhammad Hazir was upheld and Raees Khan was sentenced to death and Javed Khan to imprisonment for life. However, their conviction under Section 392 of the Pakistan Penal Code ("PPC") was set aside and substituted with Section 394, PPC read with Section 34, PPC and sentenced them to 10 years rigorous imprisonment each and with a fine of fifty thousand rupees each. 2. Nasir…

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