Law:

Section:

(a) Penal Code (XLV of 1860)-- ---- S. 302/34-Appreciation of evidence-Doctor finding cause of death due to shock and haemorrhage caused by fire-arm injuries on vital parts of bodies of both victims-Death in case of deceased instant aneous and in case of other within fifteen minutes of receipt of injuries-Intention to cause death or at least intention to cause such bodily injuries as were sufficient in ordinary course of nature to cause death, held, established in circumstances of case.-[Evidence]. (b) Criminal trial------ --- Evidence, appreciation of - Complainant having neither any enmity nor motive to implicate accused falsely-Prosecution witnesses injured, hence their presence at time of occurrence not doubted-Corroborating prosecution story with one voice-Such testi¬mony, held, cannot be doubted.-[Evidence]. (c) Evidence Act (I of 1872) --- -- S. 114, illus. (g)-Witness, production of-No oblique motive shown¬--Whether testimony of witnesses necessarily supported defence-Not possibly to be said-Witnesses related to prosecution witness as well as deceased-In absence of anything to contrary, presumption arising that if produced witness might support prosecution case-Such witness unnecessary in circumstances of case-Non-production of witness, held, cannot lead to inference adverse to prosecution-[Sirajul Mir and others v. The State PLD 1964 Dacca 420 not applicable].-[Witness]. Sirajul Mir and others v. State PLD 1964 Dacca 420 not applicable. Syed Mir Gul Shah v. State PLD 1962 Pesh. 91 ref. (d) Witness--------- ----- Mere relationship of prosecution witnesses inter se and with victim of crime, held, does not make such witnesses interested nor by itself renders witnesses interested unless shown to have motive for falsely implicating accused. Wasihullah v. Mirza Alt and others PLD 1963 SC 25 and Bagh Ali and 4 others v. State PLD 1973 SC 321 distinguished. Khurdo v. State PLD 1963 Kar. 92 and Amir Hussain v. State PLD 1977 Posh. 1 rel. (e) Evidence Act (I of 1872)---- ------S.14--Motive-.Other evidence sufficiently reliable-Motive, helm immaterial-Failure to dis cover motive -for an offence, held further, does not signify its non-existence.-[Motive]. JUDGMENT…

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