Law: Penal Code (XLV of 1860)

Section: 302(b),324,337-F(ii)

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

Section: 129(g)

Penal Code (XLV of 1860)--- ----Ss. 302 (b), 324 337-F(ii)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, attempt to Qatl-i-amd and Ghayr-Jaifah Badiah---Appreciation of evidence--- Withholding of evidence---Presumption--- Delay in dispatching crime empties and recovered weapon---On the day of occurrence nine fire-arm empties along with one bullet head were recovered from the spot but were not sent to Forensic Science Laboratory until recovery of weapons of offence---Crime empties along with bullet head despite having been taken into possession on the day of occurrence were kept in Malkhana and sent to Forensic Science Laboratory after recovery of weapons---Weapons were also sent to Forensic Science Laboratory with a delay of more than one month---Result of Forensic Science Laboratory though confirmed use of recovered pistols and matched with fire-arm empties but the same had no evidentiary value and was inconsequential---Accused persons were linked with commission of offence and evidence produced by accused persons had no legs to stand which was discarded for having no material evidence rather it was an afterthought---Injured witness was not produced by accused persons and was given up, such aspect led the Court towards conclusion in terms of Art.129(g) of Qanun-e-Shahadat, 1984---Accused persons had intentionally given up the injured witness who if had produced could have gone against defence version---High Court declined to interfere in conviction and sentence awarded to accused persons as the Trial Court had already taken a lenient view while awarding imprisonment for life instead of death sentence---Appeal was dismissed, in circumstances. Ali Sher and others v. The State 2008 SCMR 707 rel. JUDGMENT MOHSIN AKHTAR KAYANI, J.--- Through this common judgment, we intend to decide the captioned criminal appeal as well as criminal revision arising out of judgment dated 18.10.2014, passed by Additional Sessions Judge (East), Islamabad, whereby Muhammad Rameez, Nazim Iqbal and Muhammad Attique (appellants) have been convicted in case FIR No.91, dated 21.08.2012, under Sections 302, 324, 337-F(ii)/34 P.P.C., Police Station Nilore, Islamabad and sentenced…

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