Law: Evidence Act, (1 of 1872)

Section: 7, 9

Law: Penal Code (XLV of 1860)

Section: 302/148/149

(a) Evidence Act (I of 1872) S. 7-Corroboration-Rule in regard to corroboration of evidence of interested and inimical witnesses although a rule of caution yet virtually ripened into a rule of law. Link (b) Penal Code (XLV of 1860) S. 302/1481'149-Murder--Capital charge-Working of a man's mind known only to him but still Courts look to what are called surrounding circumstances of case to determine guilt or innocence of person tried on a capital charge. Link (c) Penal Code (XLV of 1860) S.302/148/149-[Murder-case]-Motive-Appreciation of evidence Trying Judge conscious of character of witnesses but for purpose of sustaining conviction using motive as corroboration-Motive often used in law as corroboration but in certain cases just a second name of enmity-Trial Judge in relying on motive born of enmity, held, followed a wrong process of appreciation of evidence.-[Motive-Evidence]. Link Roshan v. State P L D 1977 S C 557 ; Niaz v. The State P L D 1960 S C 387 ; Shihab Din v. The State P L D 1964 S C 177 and Nazir v. The State P L D 1962 S C 269 ref. (d) Evidence Act (I of 1872) S. 9-Identification parade-Delay in holding identification parade Robs identification evidence of all its sanctity.-[Identification parade Delay]. Link (e) Penal Code (XLV of 1860) S. 302/148;149-[Murder-case;-Recovery of guns and evidence in regard to matching of crime empties with recovered weapons not inspiring confidence but showing desire on part of prosecution to implicate appellants and identification parade nothing less than a farce-Conviction and sentence set aside. Link 1 Link 2 Link 3 Dates of hearing : 6th and 7th August, 1978.                                                                                                 JUDGMENT ABDUL HAYEE KURESHI, J.-On the conclusion of the hearing of this appeal we had, by a short order, allowed this appeal, setting aside the judgment of conviction and sentence, and declined to confirm the death…