Law: Criminal Procedure Code (V of 1898)

Section: 154

Law: Penal Code (XLV of 1860)

Section: 302

  (a) Evidence Evidence of recovery, evidentiary value of Contention that empty having been recovered on day of occurrence but not sent to Fire Arms Expert until production of alleged crime gun before Police lost all its sanctity and could not be believed-Contention, held, well founded.---[Recovery]. Beekho alias Imam Bux etc. v. State 1973 P Cr. L J 896 rel. (b) Criminal Procedure Code (V of 1898) S. 154---F. I. R. evidentiary value of-Inconsistent statement of auther of F. I. R.---By itself, held, would not be enough to throw prosecution case altogether but alone would lose its sanctity. [First Information Report]. Anwar v. State 1975 P Cr. L J 750 and Allah Bakhsh v. State 1969 P Cr. L J 1204 ref. (c) Evidence Appreciation of-Eyewitnesses fixing distance between deceased and place of firing about a couple of paces-Entry of longer distance in site plan, held, of no avail, in circumstance. Taj Muhammad v. Muhammad Yusuf etc. P L D 1976 S C 234 ref. (d) Penal Code (XI.V of 1860) S. 302-Murder-Evidence, appreciation of-Nothing on record to warrant an inference of prosecution witnesses telling lies about culpability of accused on a capital charges-Evidence of such witnesses corroborated by blood-stained earth recovered from spot and medical evidence---Such witnesses having no reason to leave out real murderer of their relation and implicate another with whom they had no enmity-Conviction and sentence maintained, in circum stances. Dates of hearing: 17th and 23rdSeptember, 1980.                                                                                                                                                   JUDGMENT Sher Muhammad appellant alongwith his brother Muhammad Asghar, since acquitted, was tried and found guilty under section 302, P. P. C. for the murder of one Nazir Ahmad…