Law: Pakistan Penal Code, 1860

Section: 34,337A(ii),337-F(i),337-F(ii)

Law: Criminal Procedure Code (V of 1898)

Section: 439

(a) Penal Code (XLV of 1860)--- ----Ss. 337-A(ii), 337-F(i), 337-F(ii) & 34--- Shajjaj-i-madihah, damiyah, badi'ah, common intention---Appreciation of evidence---Ocular account supported by medical evidence---Prosecution case was that accused-appellants while armed with weapon and knives assaulted at the complainant and his brother, resultantly, they sustained injuries---Ocular account was furnished by the witnesses including complainant and injured---Said witnesses attributed specific role to the accused-appellants---In spite of lengthy cross-examination of the eyewitnesses, nothing beneficial could be elicited rendering any help to the case of accused-appellants---Medical evidence furnished by the Medical Officer, who medically examined the injured supported the ocular account---Circumstances established that prosecution had proved the guilt of the accused-appellants to the hilt through cogent, coherent, trustworthy and confidence inspiring evidence---Revision petition was dismissed in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 337-A(ii), 337-F(i), 337-F(ii) & 34--- Shajjaj-i-madihah, damiyah, badi'ah, common intention--- Appreciation of evidence---Ocular and medical evidence---Scope---Where there was forthright and convincing eye account same would be preferred as compared to that of medical evidence. Sarfaraz v. The State 2000 SCMR 1758 and Muhammad Hanif v. State PLD 1993 SC 895 rel. (c) Criminal trial--- ----Occular version/medical evidence---Scope---Medical evidence could not determine question of guilt or innocence but ocular version was required to be taken into consideration at first instance for the purpose. Machia v. State PLD 1976 SC 695 rel. (d) Criminal trial--- ----Witness---Minor contradictions or improvements in the statements of witnesses---Effect---Minor contradictions or improvements in the statements of witnesses were to be overlooked and only material contradictions were to be considered. Ranjha v. The State 2007 SCMR 455 rel. (e) Criminal Procedure Code (XLV of 1898)--- ----S. 439---Revisional jurisdiction of High Court---Scope---High Court could exercise revisional jurisdiction if findings of lower forum were shown…

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