Case Details

Citation(s)
1965 SLG 4611 = 1965 SLD 4611 = 1965 PLD 134
West Pakistan Peshawar
Criminal Appeal No. 103 of 1964, decided on 9th March 1965.
Presented By: Muhammad Daud Khan and Bashirud-din Ahmad, JJ  
  Abdul Latif Khan for Appellant.   S. Ghazanfar Ali Shah Asstt. A.-G. for the State.  

SIKANDAR SHAH-Appellant  

VERSUS

  THE STATE-Respondent

Law: Penal Code (XLV of 1860)

Section: 302

Law: Evidence Act (I of 1872)

Section: 118

Law: Criminal Procedure Code (V of 1898)

Section: 367(5)

 (a) Penal Code (XLV of 1860),   S. 302 - Murder Witness-Formal witnesses, produced by prosecution, making concessions with respect to main occurrence in favour of accused in their crossexamination-Statements of such witnesses, held, cannot be accepted "without a pinch of salt".   (b) Penal Code (XLV of 1860),   S. 302 Murder Evidence-Eye-witness complainant being apprehensive of his own life watching occurrence from a distance for a short time and having no chance exactly to see crime weapon-Mention of stick-gun as crime weapon in F. I. R. and shot-gun in statement before Court-Discrepancy, held, not by itself sufficient for disbelieving witness in circumstances of case.   (c) Penal Code (XLV of 1860),   S. 302-Murder Witness-Father of accused as eye-witness of occurrence deposing against his son-Held, very important circumstance pointing to his being a true witness.   (d) Evidence Act (I of 1872),   S. 118-Witness-Child witness-Girls aged 8 and 9 years of mature understanding, capable of giving a picture of occurrence and standing test of cross-examination like adult persons-Such witnesses cannot be said to be child-witnesses-Penal Code (XLV of 1860), S. 302.   (e) Penal Code (XLV of 1860),   S. 302 - Murder Evidence-Omission on part of police to prove that one of the firearms recovered from possession of accused had been freshly fired-Cannot cast any doubt on prosecution case.   (f) Penal Code (XLV of 1860),   S. 302-Murder Witness-Prosecution witness "under thumb of Police"-Cannot be said to be an independent witness-Independent corroboration of such witness necessary.   (g) Penal Code (XLV of 1860),   S. 302-Murder-Witness Taxi-driver with accused as his passenger entering area for which he had no permit-Mere fact that he thereby committed an offence Not sufficient to discredit such witness.   (h) Criminal Procedure Code (V of 1898),   S. 367(5) Sentence-Capital sentence-Reasons for mitigation to be genuine and correct and not such as were considered to be so according to whims of Court-Reason, that deceased must have done something which would have provoked…
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