Law: Penal Code (XLV of 1860)

Section: 302

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code XLV of 1860 S. 302-Evidence, appreciation of Eye-witnesses stating three shots having been fired by three assailants but five empties recovered from spot-Distance of firing stated to have been five paces but four of five entrances of wounds having charring marks-Eye-witnesses emphatic as to assailants having fired at deceased when deceased in act of walking towards them but one of entrance wounds found on back of deceased-Cause of death haemorrhage but no blood. found at place. of falling of deceased-Testimony of witnesses, held, doubtful in circumstances of case.-[Evidence--Witness]. (b) Constitution of Pakistan (1973) Art. 185(3)-Concurrent findings-Supreme Court generally does not interfere with concurrent findings supported by evidence-Both Courts below, however, ignoring all evidence going against prosecution case, concurrent findings, in circumstances, held, vitiated.-[Evidence]. Noora v. The State P L D 1973 S C 469 ref. Date of hearing 7th April, 1979.                                                                                                                                                        JUDGMENT DORAB PATEL, J.-Ghulam Nabi was shot dead in his house at about 10-00 p. m. on 12-8-1973, and the appellants in the complaint lodged by the nephew of the deceased. Dost Ali is an absconder, but the appellants were arrested in due course and as Ghulam Nabi died a few days after the attack on him, the appellants were tried for his murder. Abdul Nabi, the son of the deceased, and Ahmad Ali, a nephew of the deceased, claimed to have witnessed the occurrence, and they said in their evidence that they were sitting in the house of the deceased (which was known as Sanjhay), that some one called for the deceased, therefore, the deceased walked across the courtyard of…