Law: Penal Code (XLV of 1860)

Section: 302(b), 324, 34

(a) Criminal trial Maxim: "falsus in uno, falsus in omnibus"---Applicability---If a witness is not coming out with the whole truth, then his evidence is liable to be discarded as a whole, meaning thereby that his evidence could not be used either for convicting accused or acquitting some of them facing trial in the same case---Such proposition is enshrined in the maxim falsus in uno-falsus in omnibus .        Criminal Miscellaneous Application No. 200 of 2019 in Criminal Appeal No. 238-L of 2013 PlD 2019 SC 527 rel. (b) Penal Code (XLV of 1860) Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Co-accused acquitted on same set of witnesses---Accused were charged for committing murder of the brother of complainant by firing and also causing fire arm injuries to the complainant---Perusal of the statements of eye-witnesses clearly revealed that the acquitted co-accused of the appellant, injured the eye-witness/complainant by firing at him with a rifle .44-bore and hitting him on his right wrist, however the witnesses were adjudged to have deposed falsely against acquitted accused by the Trial Court---Thus, no independent corroboration of the prosecution case was found against the appellant and court was unable to distinguish the case of the appellant from the case of acquitted co-accused persons as the prosecution evidence with regard to the appellant and regarding his co-accused persons was similar, being based on the statements of the eye-witnesses---No reason was found to believe the statements of eye-witnesses with regard to the appellant in the absence of any reason to do so---Lying on the part of the witnesses with regard to acquitted accused persons had vitiated the trust of this Court in them---Thus, the evidence of the eye-witnesses had no worth and was to be rejected outright---Witness who had been disbelieved with regard to his statement about an accused who had injured the said witness could not be believed with regard to his statement about the other accused---Appeal against conviction was allowed, in circumstances.…