Law: Penal Code (XLV of 1860)

Section: 302,324,449,148,149

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 324, 449, 148 149--Sentence--Challenge to--Ocular account--Firearm injuries--Injured witness--Presence of the injured witnesses cannot be doubted at the place of incident, but the question is as to whether he is truthful witness or otherwise, because merely the injuries on the person of injured PW would not stamp him truthful witness. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 324, 449, 148 149--Sentence--Challenge to--Death by causing multiple firearm injuries--Ocular account--Supplementary statement--Failed to disclose specific injury--Weight of supplementary statement--Held: It is by now settled that any statement or further statement of the first informant recorded during the investigation by police would neither be equated with First Information Report nor read as part of it and the involvement of additional accused in such statement was fake improvement which made the basis for other eye-witnesses as well for false implication. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 324, 449, 148 149--Sentence--Challenge to--Not given specification of firearm weapon of any of unknown accused in first statement--Evidence was silent regarding injuries disclosed by prosecution--Even otherwise, both the witnesses of wajtakker, who told the complainant that after the occurrence they had seen acquitted accused alongwith his co-accused when the said witnesses were irrigating their paddy crop and they identified with the help of their torch, have not been produced and they have been given up by the prosecution, thus no sanctity is attached to their version and the same cannot be considered for maintaining or awarding conviction in a case of capital punishment. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 129(g)--Criminal Procedure Code, S. 161--Witness-- by the prosecution during the trial in spite of the fact that their statements under Section 161, Cr.P.C. were duly recorded by the Investigating Officer and such feature of the case has left High Court with no other option but to draw an inference in accordance with the provisions of Article 129, Illustration (g) of Qanun-e-Shahadat Order,…

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