Law: Pakistan Penal Code, 1860

Section: 302(b),324,337-F(i),337-F(iii)

heard on 16.6.2022. Falsus in Uno, Falsus in Omnibus-- ----It is trite law that on principle of falsus in uno, falsus in omnibus, if witnesses are disbelieved against one set of accused; their testimony cannot be accepted qua other accused; yet under principle of abundant caution, an accused can be singled out from others.                                                                                                                                                     [P. 486] A 2020 SCMR 664. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b), 324, 337-F(i) 337-F(iii)--Murder reference--Conviction and sentence--Challenge to--Mitigating circumstances--Qatl-e-amd--Motive--Firstly in a situation of melee it cannot be expected from witnesses to have remembered and given exact distance between accused and victim; secondly accused/appellant or injured would not have remained stagnant during occurrence, and thirdly in same series of events, even if accused/appellant is presumed to be at a distance of 6 feet from victims, if he had fired with a stretched arm, then definitely range between weapon and target must have been reduced to such an extent that wounds would have carried blackening, thus, we do not see any abnormality in medical evidence qua existence of blacking around wounds of both injured persons--So for as motive is concerned, apart from consistent statements of witnesses giving background of dispute over a piece of land, it is admitted position that both parties i.e. complainant and accused already carried differences and litigation between them remains pending and even registration of number of criminal cases against each other, stand projected from record available on file--Therefore, motive appears to have been established in this case--Prosecution has successfully proved charge…

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