Law:

Section:

(a) Penal Code (XLV of 1860)----- -----Ss. 148, 302 & 307 read with S. 149-[Murder case]-Prosecution eye-witnesses though related to deceased yet not having any reason to implicate accused appellant falsely and attribute to him fatal spear blow-One of prosecution witnesses also bearing injuries received in course of same incident-Occurrence having taken place in broad daylight witness had full opportunity of observing whole incident Nothing brought on record to show witness having indulged in any exaggeration-Mere fact of site plan showing two points between which deceased dragged after occurrence and witnesses having deposed deceased being lifted by assailants and not dragged, held, no real contradiction-Word "dragged" used by draftsman need not be taken in literal sense and could cover act of carrying deceased from one point to another-Accused appellant, held, rightly convicted. (b) Maxim-- ------Falsus in uno falsus in omnibus (false in one false in all)- Principle of maxim-Ceased to be applied by Pakistan Courts since long-Courts always try to separate grain from chaff Appellant's case not standing on eye-witness account alone as in case of acquitted accused but receiving corroboration from recovery of spear stained with human blood and medical evidence also providing corroboration against appellant-Contention that eye-witness account having been found false as against acquitted accused, same could not be accepted against appellant, held, of no avail in circumstances Penal Code (XLV of 1860), Ss. 148, 302 and 307 read with S. 149. (c) Penal Code (XLV of 1860)------ ------Ss. 148, 302 & 307 read with S. 149-Crime spear lying concealed under a stack of bhoosa and appellant alone could have its know ledge-Recovery, in circumstances, held, rightly regarded as providing corroboration against appellant-Contention that spear having been recovered from a room situated in compound of acquitted co-accused, such recovery could not provide corroboration as against appellant rejected. JUDGMENT ANWARUL HAQ, J.-The appellant, Bakka, was tried, along with four of his relations named Rukan Din, Muhammad Sadiq, Muhammad Hanif and Ghafoor, for…