Law: Criminal Procedure Code (V of 1898)

Section: 154

Law: Evidence Act (I of 1872)

Section: 114 (g)

Law: Penal Code (XLV of 1860)

Section: 302

(a) Criminal Procedure Code (V of 1898), S. 154-Fist informa tion report entered after start of investigation by police-Not admis sible in evidence-Prosecution case on that score, however, cannot be thrown out. (b) Evidence Act (I of 1872), S. 114 (g)-Prosecution under no obligation to examine a witness won over-Open for defence to examine such witness as its own witness or as Court witness-Defence not availing such remedies-No adverse inference can be drawn against prosecution. Nawab Ali v. The State P L D 1962 Dacca 278 rel. Israr Gul v. The State P L D 1963 Posh. 124 and Muhammad ullah v. The State P L D 1963 Posh. 161 ref. (c) Maxims "Falsus in uno falsus in omnibus" (false in one particular, false in all)-Practice and procedure-Entire evidence not to be thrown out merely because prosecution witnesses difer on some minor details. Emperor v. Muzafar Hussain A I R 1944 Lab. 97; Shihab Din v. The State P L D 1964 S C 177 and Israr Gul v. State P L D 1963 Posh. 124 rel. (d) Penal Code (XLV of 1860), S. 302-Sentence-Enhancement Trial Court not awarding capital sentence on ground that accused was a Government servant and prosecution witness (alleged wife) played false to accused and made a statement against him-Accused using an automatic pistol and continuing firing till its magazine exhausted' resulting in death of one and injuries to other prosecution witnesses Held: A fit case for awarding capital punishment-Sentence of life imprisonment enhanced to death in circumstances of case. Date of hearing: 28th October 1972.                                                                                                                           JUDGMENT KHAWAJA MUHAMMAD SHARIF, C. J.-Ali Asghar Khan aged 30 years was put up before the Sessions Judge, Muzaffarabad by the Muzaffarabad police to stand his trial for the alleged murder of Sultan Ahmad and the…