Law: Pakistan Penal Code, 1860

Section: 302,302(b),324

Law: Criminal Procedure Code (V of 1898)

Section: 87,342,382B,512,544A

(a) Criminal trial--- ----Interested witness---Scope---Interested witness is a person who has a motive to falsely implicate other person---Mere relationship of witness with deceased cannot be made a basis to discard testimony of such witness. Niaz v. The State PLD 1960 SC 387; Sharafat Ali v. The State 1999 SCMR 329; Abdur Rauf v. The State 2003 SCMR 522 and Dilawar Hussain v. The State PLD 2008 SC 131 rel. (b) Penal Code (XLV of 1860)--- ----S. 302---Qatl-i-Amd---Appreciation of evidence---Weapon, non-recovery of---Effect---Recovery of crime empty from spot---Presence of prosecution witnesses at spot was confidence inspiring---First Information Report was promptly lodged and statements of witnesses that deceased had sustained single firearm injury on right side of his body was also corroborated by medical evidence---Although prosecution failed to establish recovery of Kalashnikov from accused yet such non-recovery was no ground to disbelief case of prosecution---Ocular testimony of prosecution witnesses was duly corroborated by circumstantial evidence, i.e., recoveries effected from spot of blood-stained earth and garments of deceased along with one crime empty of 7.62 bore fully established case of prosecution against accused---High Court declined to interfere in conviction and sentence awarded to accused by Trial Court---Appeal was dismissed in circumstances. Arbab Tasleem v. The State PLD 2010 SC 642 ref. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI J.--- Through this single judgment, we propose to decide this Criminal Appeal bearing No. 217-M/2017 as well as the connected Criminal Revision bearing No. 86-M/ 2017, as both these matters emanate from one and the same judgment dated 11.10.2017 rendered by the learned Additional Sessions Judge/Izafi Zilla Qazi, Dir Lower at Chakdara, in case F.I.R No. 452 dated 05.7.2002 under sections 302,324 P.P.C. registered at Police Station Asbanrh, District Dir Lower, whereby the appellant Ghafoor Khan was convicted under section 302(b), P.P.C. and sentenced to life imprisonment with payment of compensation of Rs.200,000/- (two lacs) payable to the legal heirs of the deceased under section 544-A, Cr.P.C. or in default…

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