Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Qatl-e-Amd--PW was stated to be present with appellants at the time of occurrence. Before the identification proceedings were conducted neither in FIR nor in their statements recorded u/S. 161, Cr.P.C. the witnesses ever claimed that PW was driving the motorbike and only appellants made firing. The case was quite specific that three unknown persons came there and made indiscriminate firing. PW as mentioned earlier, has been acquitted by the trial Court--Occurrence had taken place in the dark hours of the night where admittedly no source of light was available. This was their own case of the eye-witnesses that when motorbike of assailants came close to them, till that time its head light was off so there was no question for them to see the faces of any of the assailants?--No possibility for the witnesses to see the features of the appellants and their co-accused--The source of light was a serious challenge for prosecution--When there was no chance and possibility for the eye-witnesses to see the faces of the appellants and their co-accused, the process of identification was a futile exercise--The evidence offered through identification proceedings is not a substantive piece of evidence but is only corroborative of the evidence--Identification parade is the weakest type of evidence and can be believed only if it is supported from other independent sources--12 empties were collected from crime scene and surprisingly sent to expert just one day earlier to the arrest of appellants. [Pp. 729, 730, 732 733] A, B, C, D, E, F, G, H I JUDGMENT This Criminal Appeal filed by Muhammad Ijaz and Muhammad Fayyaz (appellants) is directed against judgment dated 25.04.2017 passed by the learned Additional Sessions Judge, Lodhran on the basis of which appellants were convicted and sentenced as under: i.Under Sections 302(b)/34 PPC[1] for committing the Qatl-i-Amad[2] of Muhammad Zawwar, imprisonment for life each. They were also directed to pay an amount of Rs. 200000/-(two lacs) each as compensation to the legal heirs of deceased in terms of Section 544-A, Cr.P.C.[3] and in default…

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