Law:

Section:

(a) Penal Code (XLV of 1860)------S. 302(b)---Re-appraisal of evidence---Double murder---Prompt F.I.R.-Ocular account supported by medical evidence---Identity of accused was not disputed at all and he had been described by name and by his deeds in promptly lodged F.I.R.---Statements of prosecution witnesses were fully supported by medical evidence and corroborated by the facts---Matter was reported to police within 45 minutes and postmortem of both the deceased were conducted on the same night within six hours of their death---Motive as given in F.I.R. also stood proved and was corroborated by ocular account---Ocular account was also supported from report of Forensic Science Laboratory which revealed that empties recovered from spot were fired from one weapon---Statements of defence witnesses did not help the accused---Effect---Prosecution had successfully proved its case beyond doubt against accused and he was rightly convicted under S. 302(b), P.P.C.---Sentence of death awarded to accused by Trial Court and maintained by High Court was not interfered with by Supreme Court---Appeal was dismissed. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 22---Re-appreaisal of evidence---Identification of accused in Court---Photographs of accused---Accused was not previously known to prosecution witnesses and was only described by features, who was arrested after two years of the occurrence---Prosecution witnesses had seen accused for very short time and they did not identify him during identification parade but identified him at the time of recording of his statement in Court---Effect--Such identification in Court was meaningless as by that time accused was already known to prosecution ,witnesses as only that accused had a conspicuous mark on his forehead which could easily be distinguished front other accused---Complainant handed over two photographs of accused to police within the presence of prosecution witnesses, much before his arrest, which fact knocked out validity of identification test---No one could be convicted and sentenced until and unless his identity as participating accused was established beyond doubt---Prosecution…

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