Case Details

Citation(s)
1978 SLG 280 1978 SLD 280 1978 PLD 10
Supreme Court of Pakistan
Criminal Appeal No. 73 of 1976, decided 12th July 1977. (On appeal from the judgment and order dated 7-2-1973 in Criminal Appeal No. 37 of 1971/Murder Reference No. 11 of 1971, passed by the Lahore High Court Lahore)
T MUHAMMAD YAQUB ALI. C.J., DORAB PATEL AND MUHAMMAD HALEEM, JJ

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MOKHA

VS

ZULFIQAR AND 9 OTHERS

Law:

Section:

(a) Criminal Procedure Code (V of 1898)-- S. 154-First Information Report-Can only be used to contradict or corroboaate its maker-Omission of names of certain accused in F. I. R.-Cannot be used to belie credibility of witnesses, named in F. 1. R.. when omission due to bona fide mistake as to their participation in crime and evidence produced in Court establishing their presence.-[First Information Report]. (b) Criminal trial- -- Appreciation of evidence-Discrepancies in statements of witnesses result of a slip due to passage of time and not of a kind as to create reasonable doubt in version put across by them-Cannot affect credibility of witnesses-Fate of case, held, does not hang on mere omissions and discrepancies if not of a substantial nature creating reasonable doubt in prosecution case.-[Evidence-Discrepancy]. (c) Papal Code (XLV of 1860)- Ss. 302, 2001 & 148 read with S. 149 & 404-[Murder-case]-Appeal against acquittal-Direct evidence pointing to deceased having been shot at and killed and his dead body removed on a mare, cut into pieces on bank of a river and thrown into it-Blood-stained earth secured from place of occurrence, deceased's shoe seized from spot, and human teeth discovered at instance of one accused from a place where dead bodies not ordinarily buried-Accused leading to discovery of teeth being himself concerned in commission of offence and no foundation being laid showing teeth to be of some other human being, teeth shown to be of deceased-Two accused persons having motive to avenge murder of their father-Modus operandi of murder being same as in case of murder of two accused's father in retaliation of which present murder committed-All accused close relations or friends-Acquittal of accused resting not only on mis­reading of evidence leading to erroneous appraisal of evidence but also on failure to consider material evidence on record thereby causing grave miscarriage of justice-Accused convicted under sections 3'72/149 & 148 but not under S. 201 due to conviction having been recorded on principal charge.-[Conviction-Evidence --Appeal against acquittal). (d) Penal Code (XLV of 1860)- Ss. 302, 201 & 148 read with Ss. 149…
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