Law:

Section:

(a) Azad Jammu and Kashmir Islamic Penal Laws Enforcement Act (IX of 1974)--- ----S. 5---Appraisal of evidence--- Accused and deceased being related and known to each other, identification of accused in moon light was possible-- Dying declaration made by deceased had been rightly believed by the Courts below which had been correctly read and were corroborated by a natural witness who had no reason to falsely implicate the accused-- Conviction and sentence of death awarded to accused were upheld in circumstances. Shabbir Ahmad v. The State and another 1997 PCr:LJ 1539; Sher Bahadur and another v. The State 1972 SCMR 6_51; Zarif Khan v The Statc PLD 1977 SC 612; Muhammad Ashraf v. The State PLD 1977 Lah. 520; Latif v. The State PLD 1978 Lah 1337 and State v. Mst. Gulab Jan and 4 others 1987 PCr.LJ 1769 ref. (b) Qanun-e-Shahadat (10 of 1984)-- ----Art. 46(1)---Dying declaration, appreciation of---Principles stated. -- State v. Mst. Gulab Jan and 4 others 1987 PCr.LJ 1769 ref. (c) Maxim- --"Falsus in uno falsus in omnibus" ---Principle of "falsus in uno falsus in omnibus" Ilas since long been discarded by the Courts and prevalent rule is that truth has to be sifted from falsehood. JUDGMENT BASHARAT AHMAD SHAIKH, J.--- This appeal has been filed by, 'Misri to challenge his conviction under section 5 of the Islamic Tazeerati Qawanin Nifaz Act. Two other persons, Ahmad Din alias Ahmad Jan and Bashir Ahmad, were also challaned in the case which was tried by Additional District Criminal Court at Kahuta but they were acquitted by the trial Court. Appellant Misri was sentenced to death and his appeal before the Shariat Court also failed. Mst. Sardar Bi, the mother of deceased Sooba, filed cross-appeal before the Shariat Court to challenge the order of acquittal in respect of the other two persons but that appeal also failed. The acquittal of Ahmad Jan and Bashir Ahmad has now become final because no appeal has been filed against them. The occurrence took place at about 1-00 p.m. in the night intervening between 21st and 22nd of July, 1991. A case was registered, initially, under section 15' of the Islami Tazeerati Qawanin Nifaz Act. Sooba was…