Law: Penal Code (XLV of 1860)

Section: 302

  Penal Code (XLV of 1860) S. 302-[Murder-case]-Appeal to Supreme Court-Appreciation of evidence - Prosecution witness closely related to deceased - Could not be said to be not inimical witness-Corroboratory witness hostile witness--Explanation given by one prosecution witness for his presence at time of occurrence inconsistent-Description of occurrence in Sessions Court inconsistent with his version of occurrence in lower Court-Witness stating respondents having fired with a 'l2 bore pistol but medical evidence proving deceased having been killed by a bullet -- View taken by High Court reasonable and relating entirely to appreciation of evidence and not liable to interference Corroboratory evidence being that of an unreliable witness, his evidence could not corroborate other piece of tainted evidence Respondents, held, rightly acquitted by High Court---Constitution of Pakistan (1973), Art. ,185(3).-[Witness]. Date of hearing: 8th March, 1981.                                                                                               ORDER DORAB PATEL, J.-The first three respondents (to whom we will refer us the respondents) in this petition were convicted by an Additional Sessions Judge, Rawalpindi, for the murder of Miskeen Shah, and whilst the first respondent was sentenced to death, the other respondents were sentenced to life imprisonment. Fines were also imposed. The respondents filed an appeal against their conviction in, the Lahore High Court, which was heard with the reference from the Sessions Court. The appeal was allowed and the respondents were acquitted. Hence this petition for leave. The motive for the murder, according to the prosecution, was that Murtaza Shah, the nephew of the first two respondents (who are cousins) had been murdered by the nephews of Miskeen Shah. But, the deceased had conducted the defence of his nephews successfully and got them acquitted. Therefore, the said respondents had a…