Law: Penal Code (XLV of 1860)

Section: 302(b),392

Law: Pure Food Ordinance, 1960

Section: 22

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) 392---Qatl-i-amd, robbery---Shariat appeal---Reappraisal of evidence---Parties had no previous bad blood between them---Incident took place at 8:30 p.m., and the complainant with remarkable promptitude presented written application, converted into First Information Report at 8:45 p.m. at a police station located at a distance of 3/4 kilometers from the venue---One of the deceased, in injured condition, was medically examined under a police docket at 9:30 p.m., soon whereafter autopsies commenced---Such circumstances by them self conclusively established prosecutions bona fides in recourse to law--- Defence was unable to point out even obliquely any collusion, conspiracy or consideration impelling the witnesses to swap innocent persons as culprits---Three Kalashnikovs, recovered upon disclosure of accused persons, were forensically found wedded with the casings secured from the spot barring six with points of dissimilarity, a minor discrepancy insufficient to shake the structure of the case resting upon sound foundations of ocular account through sources unimpeachable and free from taints---On an overall analysis of prosecution evidence, the only possible hypothesis was that of guilt of accused persons---Death sentences awarded to accused persons were maintained--- Shariat appeal was dismissed. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) 392---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, robbery--- Shariat appeal--- Reappraisal of evidence--- Test identification parade---Accused persons were put to test identification parade under magisterial supervision on the same day of the incident, shortly after their arrest, wherein the witnesses correctly identified them as the ones who targeted the deceased during the robbery --- During such process, each witness distinctly pointed each accused persons for having targeted the deceased---Identification of accused persons by the witnesses, without loss of time, ruled out possibility of manipulation---Argument that darkness may have possibly impeded identity of the assailants was not impressive as headlamps of three motorbikes, recovered during investigation,…

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