Law: Evidence Act (I of 1872)

Section: 133

Law: Penal Code (XLV of 1860)

Section: 302

Law: Constitution of Pakistan, 1962

Section: 58

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 17th June 1968, in Criminal Appeal No. 21.5 of 1967/Murder Reference No. 126 of 1967). (a) Evidence Act (I of 1872), S. 133-Approver-Corrobora tion-Approver's statement in order to carry conviction must be corroborated in some material particulars implicating accused Corroboration in every detail of crime however, not necessary-Penal Code (XLV of 1860), S. 302. Ghulam Qadir v. State P L D 1959 S C (Pak.) 377 ref. (b) Penal Code (XLV of 1860), S. 302-Evidence Act (1 of 1872), S. 133-Approver-Corroboration-Accused (raving motive to commit murder, leading police to an uninhabited room of his house and taking out blood-stained clothes and knife from an earthen pot-Articles found by serologist to he stained with human blood Approver's and accused's hands also found to have cut injuries Recovery of incriminating articles, fact of their being stained with human blood and presence of cut marks on culprit's hands, held, furnished sufficient corroboration of approver's testimony on material particulars. (c) Penal Code (XLV of 1860), S. 302-Evidence-Blood on some incriminating clothes not proved to be stained with human blood due to disintegration-Fact of production of such clothes by approver himself from his own almirah, however, held, lent support to approver's evidence. Ghulam Rasul v. Ali Akbar P L D 1965 S C 363 ref. (d) Constitution of Pakistan (1962), Art. 58(3)-Appeal to Supreme Court-Lower Courts on evaluation of evidence finding as," fact that corroborative evidence lent support to approver's evidence Supreme Court would not interfere with such finding of fact Penal Code (XLV of 1860), S. 302. Dates of hearing: 19th and 20th November 1969. JUDGMENT M. R. KHAN,J.-The appellant was convicted under section 302 of the Pakistan Penal Code for the murder of Abdul Mannan and sentenced to death. He was also convicted under section 13 of the West Pakistan Arms Ordinance, 1965 and sentenced to six 5 month's rigorous imprisonment. The appellant preferred an appeal against his convictions and sentences. The appeal and the death reference were…