Case Details

Citation(s)
1977 SLG 246 1977 SLD 246 1977 PLD 413
Supreme Court of Pakistan

ANWARUL HAQ. MUHAMMAD GUL AND MUHAMMAD AKRAM, JJ

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SHAHZADO-

VS

THE STATE AND 8 others

Law:

Section:

(a) Criminal trial---- Evidence-Corroboration-Prosecution witnesses interested in prosecution of accused and inimical towards them-Such facts alone, held, not sufficient to altogether discard their evidence-Evidence to be properly sifted and .neighed with necessary care and caution in light of facts of case-Penal Code (XLV of 1860), Ss. 302/307/34 & 148/ 149.-[Evidence]. (b) Criminal trial- -Evidence-Corroboration-Trial Court having opportunity to watch demeanour of witnesses and form first hand impression about their deposition-Due importance, held, to be attached to conclusions drawn by trial Court from evidence of witnesses-Insistence on corroboration of testimony of witnesses in each and every detail not always called for-Penal Code (XLV of 1860), Ss. 302/307/34 & 148/149.[Evidence]. (c) Penal Code (XLV of 1860)- S. 302/307/34 read with Ss. 148 & 149-[Murder-easel-Appeal against acquittal-Triple murder of persons on bad terms with accused-Empties recovered from spot matching with guns recovered from accused N and A-Post-mortem report revealing deceased S having 4 fire-arm injuries, deceased U having 9 such Injuries, and G having 4 fire-arm injuries-Injuries reportedly sufficient to cause death Oral evidence of interested prosecution witnesses corroborated by reports of Fire-Arms Expert and Doctor conducting post-mortem examination of deceased persons-Conclusions dram by Court below in acquitting accused based on misreading of evidence and fallacious No inherent improbabilities in case discovered-Oral evidence of witnesses read with corroborative circumstances, held, sufficient in circumstances to bring home guilt to accused N and A-Gun attributed to accused B stated by one recovery witness to have been produced by accused's brother in absence of accused A-Police according to such witness not sealing gun and also firing two cartridges from such gun but such facts denied by police although admitting gun having been freshly cleaned-Other recovery witness declared hostile by prosecution and dead before commencement of trial-Mere recovery of an empty matching with gun thus produced, held, by itself not sufficient to bring home guilt to accused B…
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