Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Acquittal of co-accused---Maxim: falsus in uno falsus in omnibus---Applicability---Chance witnesses---Two accused persons faced trial for committing qatl-i-amd of deceased---Two prosecution witness were chance witnesses and their presence at the relevant time was not free from doubt as places of their residences were far away from the place of occurrence---Such witnesses were to justify their presence at the place of occurrence at the relevant time but they failed to do so---Testimony of such witnesses was untruthful and the same was liable to be excluded from consideration---For disbelieving statements of witnesses, it was not necessary that there should be numerous infirmities and contradictions---If there was one which had impeached credibility of witness, the entire statement of such witness had become doubtful---Conviction on capital punishment could not be sustained without unimpeachable, trustworthy and reliable evidence---Prosecution was to prove the criminal liability by strong and consistent evidence---Trial Court disbelieved statements of prosecution witnesses regarding co-accused, therefore, principle of falsus in uno falsus in omnibus was applicable to discard prosecution witnesses to the extent of accused---High Court set aside conviction and sentence awarded to accused by Trial Court and he was acquitted of the charge---Appeal was allowed in circumstances. Muhammad Ashraf alias Acchu v. The State 2019 SCMR 652; Mst. Sughra Begum v. Qaiser Pervez 2015 SCMR 1142; Atta Muhammad v. The State 1995 SCMR 599; Nazir Ahmed v. The State 2018 SCMR 787; Abdul Sattar v. The State 2008 PCr.LJ 869; Muhammad Farooq v. The State 2006 SCMR 1707; Muhammad Asif v. The State 2017 SCMR 486 and PLD 2019 SC 527 rel. (b) Criminal trial--- ----Witness---Injured witness---Scope---Testimony of injured witness is to be tested on the principle of appreciation of other prosecution witnesses---Injury mean that the witness was present at the place of occurrence but merely the injury on the person does not stamp him a truthful witness. Amin Ali v. The State 2011 SCMR 323 rel. (c) Criminal…

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