Law: Penal Code (XLV of 1860)

Section: 302 , 34

  Penal Code (XLV or 1860) 302/34 --- Constitution of Pakistan'(1973), Art.185(3) --- Leave to appeal was granted to reappraise the evidence in case of acquittal of accused to see as to whether evidence in the case had properly been assessed in accordance with the principles laid down for safe administration of criminal justice --- Petition against acquittal of other two accused was dismissed as they allegedly had caused no injury and took no other part in the incident except threatening the complainant eye-witness. Penal Code (XLV of 1860)-- --- S. 302/34 --- Appreciation of evidence --- Evidence should not be considered in isolation but whole of it should be taken into consideration --- Guilt of accused has to be determined on the totality of legal evidence on record. -- '[Criminal trial- Evidence.   Penal Code (XLV of 1860)-- - . --S.302/34 --- Reappraisal of evidence-- -Accused had strong motive for killing the deceased and prosecution succeeded in proving the same --- Both the eye witnesses of the occurrence were closely related to each other and the deceased (real father and sister of deceased) and were inimical to the accused-- -Presence of such witnesses was natural at the time and place of occurrence which was successfully established by the prosecution---Testimony of said witness, was not unity consistent, trustworthy, and inspired confident but was corroborated by medical evidence, motive, promptly lodged F.i.F.. giving details of the occurrencr, ---13oth the eye-witnesses, previously knew the accused, they had therefore no difficulty to identify him in the moonlit night and there was no possibility of mistaken identity as he was named in the F.I.R. with specific role attributed to him--- Real father and sister of deceased being the eye-witnesses, could not possibly substitute any one else, except the real culprit --- Ocular evidence having stood fully corroborated, conviction recorded by the Trial Court under S.302, P.P.C. was restored by Supreme Court, accused having remained in custody until he was acquitted by the High Court, Supreme Court substituted the sentence of imprisonment for life instead of death and restored the…