Case Details

Citation(s)
2018 SLG 3044 2018 SLD 3044 2018 YLR 37

Criminal Appeals Nos. 39 and 41 of 2016, decision Dated: 02-06-2017.
MOHAMMAD SHERAZ KIANI, JUSTICE
Petitioner(s) by: Khalid Rasheed Chaudhary, Raja Khalid Mahmood
Respondent(s) by: Hafiz Fazl-ur-Rahman Dar, Asstt. A.G.

NASEER AKBAR AND 4 OTHERS

VS

RAJA SHAHZAD KHAN AND ANOTHER

Law: Criminal Procedure Code (V of 1898)

Section: 156,164,169

Law: Pakistan Penal Code, 1860

Section: 53,302(b)

(a) Criminal trial--- ----Related witness---Evidentiary value---Evidence of a close relative can not be brushed aside on the ground of relationship, especially so when he/she had not been shown inimical to the accused. (b) Criminal trial--- ----Related/interested witness---Corroboration---Scope---Corroboration would mean a sort of confirmation of conclusions about existence of certain facts; corroboration of the statement of an interested witness was desirable to be accepted as wholly true; it should have a confirmatory support by way of precaution to attain clarity. (c) Criminal trial--- ----Chance witness---Scope---If a chance witness reasonably explained his presence at the relevant place and stated about occurrence in such a way that inspired confidence, and was also corroborated by any other evidence or circumstances, same could be considered and relied upon. (d) Criminal trial--- ----Production of evidence by prosecution---Scope---Prosecution was not duty bound to produce each and every witness cited in the calendar; rather it would depend upon the will of prosecution to produce such witness whom it deemed necessary for proving the guilt of accused. (e) Criminal trial--- ----Motive--- Proof--- Scope---If a case is primarily based on ocular evidence, it is not necessary to prove the motive. (f) Criminal trial--- ----Administration of justice---Not necessary that if a piece of evidence is disbelieved to the extent of one accused, same cannot be believed to the extent of other accused against whom cogent, convincing and confidence inspiring evidence is available on record. (g) Criminal Procedure Code (V of 1898)--- ----S. 169---Exoneration of accused by Investigating Agency---Effect on remaining accused in the case---Scope---Investigating agency, after conducting thorough investigation of the case, extended benefit of S.169, Cr.P.C., to two of the accused persons---Such exoneration of two accused persons did not mean that same would give any benefit to the remaining accused persons. (h) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Injury caused by firearm weapon---Effect---From what kind of weapon deceased received…
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