Law: Penal Code (XLV of 1860)

Section: 302

(a) Penal Code (XLV of 1860) S. 302  Evidence, appreciation ofParcel containing crime empties not sent to Expert till after recovery of guns from accused persons No plausible explanation offered for delay in despatch of crime emptiesNo value, held, could be attached to such recoveries. [EvidenceRecovery]. Muhammad Shafi and another v. The State P L, D 1968 Lah. 869 rel. (b) Penal Code (XLV of 1860) S. 302 Evidence, indivisibility ofMaxim: falsus in uno falsus in omnibus'Not applied by Courts in Pakistan nor rule regarding integrity of witness being indivisible endorsed as of universal appli cationContention that evidence of eyewitnesses having not been accepted against acquitted coaccused unsafe to convict accused on same evidence, held, without force.[Evidence Maxim]. Tawaib Khan v. The State P L D 1970 S C 13 rel. (c) Penal Code (XLV of 1860) S. 302 Appreciation of evidenceTestimony of eyewitnesses finding support from medical evidenceNo reason for witnesses to let out real culprits and instead falsely implicate accused on capital chargeConviction maintained, in circumstances [Evidence]. Ch. Nazir Ahmad Khan and Khan ZiaudDin for Appellant. Dates of hearing : 22nd and 23rd April 1979.                                                                                                              JUDGMENT SAEEDUR RAHMAN, J.The appellants, Jinda (aged 48 years), Muhammad Khan son of Muhammad Amin (aged 38 years) and Muzaffar (aged 35 years) were tried together with five others, namely, Abdul Rahman, Muhammad Khan sons of Muhammad Mawaz, Muhammad Khan son of Kattu, Muhammad Sher and Ghulam Muhammad by a learned Sessions Judge, Mianwali, on charges under section 302, 307 read with section 149 and section 1.48 of the Pakistan Penal Code. Jinda appellant was convicted under section 302, P. P. C. for causing the death of Fateh Khan deceased and was sentenced to death and also asked to pay a…