Law: Criminal Procedure Code, 1898

Section: 169, 173, 439

Law: Penal Code (XLV of 1860)

Section: 302

(a) Criminal Procedure Code (V of 1898) Ss. 169 & 173 read with Penal Code (XLV of 1860), S. 302 MurderWitnessEvidence, admissibility ofProsecution witness arrested on basis of a mere suspicion cast on her while lodging F. I. R. but such suspicion having no foundation whatsoever and completely vanishing during investigationMere use of word `accused' against such witness in course of investigation, held, does not attract provisions of Ss. 169 & 173, Cr. P. C. to debar him from becoming a prosecution witness.[WitnessEvidence). Abdur Rashid v. State 1970 Cr. L J 722 distinguished. (b) Penal Code (XLV of 1860)  S. 302  Murder  Evidence, appreciation ofEyewitnesses of occurrence, a brother of victim and a real sister of accused, having absolutely no motive to falsely implicate accusedPresence of accused in house of deceased on fateful night and his apprehension by people of locality soon after commission of offence, established Mere relationship of witnesses with deceased, though lacking corroboration, held, could not become a ground for discarding their evidenceAccused, held further, rightly found liable for offence of murder, in circumstances.[WitnessEvidence]. (c) Criminal Procedure Code (V of 1898) S. 439 Revision (criminal)Sentence, question of enhancement ofAccused having anguish of mind on account of elopement of his sister with deceasedHeld: A mitigating circumstanceEnhancement of sentence declined, in circumstance.[Sentence].                                                                                                         JUDGMENT SARDAR MUHAMMAD SHARIF KHAN, J.Appellant Liaqat Ali has been convicted under section 302, P. C. and sentenced to life imprisonment by the learned Sessions Judge Mirpur vide his judgment dated 3131974. The facts of the case briefly are that the father of Abdul Rehman deceased was a Mangla Dam affected person who was able to acquire some land in…