Law: Penal Code (XLV of 1860)

Section: 302

(a) Criminal trial Evidence, probative value of Not quantity but quality of evidence, held, necessary to establish charge satisfying Court as to its truthful ness and reliability.-[Evidence]. (b) Penal Code (XLV of 1860) S. 302-Murder-Motive, evidence of-Motive can be useful for appreciating and evaluating evidence in a case-Motive by itself, held, no proof of crime charged.-[Motive]. (c) Criminal trial Witness--Evidence, probative value of-Police officials-As good witnesses as any other person-Version of such witnesses, held, could not be discarded merely because :)f their official status-Standard of judging evidence of such official witnesses, held further, same on which any other witness judged.-[Witness]. (d) Penal Code (XLV of 1860) S. 302-Murder-Evidence, appreciation of-Murder committed during busy hours of day in a main bazar and assailant charged, surrounded and caught with weapon of offence--Accused seen armed with a gun at vardat by three eye-witnesses, firing at deceased-- Medical evidence fully corroborating version of eye-witnesses-Conduct of accused itself supporting prosecution version-Nothing on record to even suggest as to why real assailant allowed to escape and in his place accused falsely implicated by Police at instance of first informant-Conviction and sentence maintained, in circumstances. Dates of hearing : 2nd, 3rd and 7th October, 1979.                                                                                               JUDGMENT G. M. SHAH, J.----The appellant Ilyas Brohi (32) was sentenced to death by the learned IInd Additional Sessions Judge, Jacobabad vide judgment dated 18th February 1978, under section 302, P. P. C., on the charge of committing the murder of Shah Nawaz Jakhrani (60), by firing from his gun. He was also sentenced to pay a fine of Rs. 2,000 in default to undergo R. I. for one year. The amount of fine, if realised, was directed to be paid to the heirs of the deceased, as…