Law: Penal Code (XLV of 1860)

Section: 302(b),392

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

Section: 22

Law: Police Rules, 1934

Section: 26,32

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 392---Qatl-i-amd, robbery---Reappraisal of evidence---Occurrence took place at 9:45 p.m., and the complaint was recorded promptly at 11:45 p.m. at the spot---Injured witness, who received a fire shot was examined under a police docket---Autopsy of the co-accused, who died due to firing of his own accomplices, was carried out at 10:30 a.m. the following day---Spot inspection confirmed the incident---Integrity of initial investigation was beyond doubt and it was through an investigative process that the police reached the accused and co-accused, who were kept in judicial lock up and remitted into police custody only after they had been identified by the injured in the test identification parade---Weapons recovered pursuant to disclosures were forensically matched with the casings dispatched earlier than arrest of accused and co-accused---Evidence comprising of natural witnesses, with dead body of a co-accused, squarely constituted proof beyond doubt---Absence of watchman from the witness box did not raise any adverse inference as the remainder of the witnesses were in place during the trial---Petition for leave to appeal was dismissed and leave was refused. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 22---Police Rules, 1934, R. 26.32---High Court (Lahore) Rules and Orders, Vol. III, Part-C---Test identification parade---Scope---Process of test identification parade had to be essentially carried out, having regard to the exigencies of each case, in a fair and non-collusive manner, free from the taints of prejudice---Such exercise was not an immutable ritual, inconsequential non-performance whereof, may cause failure of prosecution case, which otherwise was structured upon clean and probable evidence. JUDGMENT QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Tasar Mehmood and Shahbaz Ahmed, petitioners, along with two others trespassed into a private hospital managed by Dr. Yousaf Ali (PW-11), located within the limits of Police Station Shahzad Town Islamabad to commit robbery on 26.11.2013 at 9:45 p.m.; as the attendants on the reception resisted the intruders, they opened indiscriminate fire; Zahid Ali Khan (PW-10)…

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