Law: Qanun-e-Shahadat (10 of 1984)

Section: 22,38,39,40

Law: Penal Code (XLV of 1860)

Section: 302(b),393,398,109,34

Law: Offences Against Property (Enforcement of Hudood) Ordinance, 1979

Section: 17(4)

Law: Pakistan Arms Ordinance, 1965

Section: 13(e)

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 22---Identification parade---Evidentiary value---Picking up of an accused in identification parade is not substantive piece of evidence but is merely corroborative in nature---Test of identification parade and correct pointing out of accused person is not a legal requirement and its failure was not fatal to case of prosecution. Shafqat Mehmood and others v. The State 2011 SCMR 537; Muhammad Akram Rahi and others v. The State and others 2011 SCMR 877; Ghazanfar Ali alias Pappu and another v. The State 2012 SCMR 215; Kanwar Anwaar Ali's case PLD 2019 SC 488; Azhar Mehmood and others v. The State 2017 SCMR 135; Ghulam Shabbir Ahmed and another v. The State 2011 SCMR 683 and Muhammad Yaqoob and another v. The State 1989 PCr.LJ 2227 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302 (b), 393, 398, 109 & 34---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(4)---Pakistan Arms Ordinance (XX of 1965), S. 13(e)---Qanun-e-Shahadat (10 of 1984), Arts. 22, 38, 39 & 40---Qatl-i-amd, robbery and haraabah---Appreciation of evidence---Confession of accused in custody---Identification parade---Procedure---Testimony of eye-witness---Complainant was son of deceased who lodged FIR against accused persons for committing qatl-i-amd, robbery and haraabah---Testimony of eye-witness was under influence of high stress because not only occurrence took place at gun point abruptly within a spell of few movements but also he was under threat of weapon focus obviously aiming at him as well as his father under threat of life---Eye-witness did not give detailed features of culprits who aimed at them and firing upon his father except describing only one culprit firing at his father with a cloudy description that said culprit was of tawny complexion and long hairs---Description furnished by eye-witness was insufficient and it was unsafe to believe such eye-witness who could not identify culprits of crime in definite terms---Conduct of eye-witness was unworthy of credence as he was over ambitious in implicating co-accused as well as in identification parade despite the fact that earlier before he had not furnished his…

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