Case Details

Citation(s)
1980 SLG 454 1980 SLD 454 1980 PLD 109
Supreme Court of Pakistan

ANWARUL HAQ, C.J., MUHAMMAD AFZAL ALLAH AND SHAFI-UR-REHMAN, JJ ALI KHAN-.PETITIONER

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ALI KHAN

VS

THP STATE

Law:

Section:

(a) Criminal Procedure Code (V of 1898)S. 154-First Information Report-First information report lodged not on basis of direct knowledge but on information supplied by a named person-Person giving such information backing out, maker of report, held, could not be made responsible for transmitting incorrect information.-[First Information Report]. (b) Penal Code (XLV of 1860) -- S. 302-[Murder-case]-Appreciation of evidence-Deceased and complainant both lawyers living in same house-Time of occurrence being time for lawyers to go to Court, witnesses claiming to be eyewitnesses natural-M being a lawyers' clerk plausible reason existed for him to accompany deceased-P. W. A giving a reason for being present and such reason accepted by Courts below and appearing to be true for, inter alia, his shirt sleeve having got blood-stained in handling deceased at spot-Prosecution witnesses .V and A not only natural witnesses but their statements also consistent with regard to their presence and manner of occurrence-Accused appellant, a school teacher, absconding after occurrence for over a year and turning up or apprehended only after his property put under attachment and in process of being auctioned-Explanation for disappearance : risk of disgrace, torture of police, or ordeal of criminal trial-Not satisfactory in circumstances-Petition for leave to appeal against conviction dismissed.--[Evidence]. (c) Evidence Act (I of 1872) -- S. 8, illus. (i)-Abscondence-Final determination of place and weight to be given to abscondence for proving a case boyond reasonable his occupational habits and limitations, period of abscondence, specific explanation for abscondence-All such factors to be considered in juxtaposition with other evidence on record for evaluating weight to be given to abscondence-Eye-witnesses natural, found be present, capable of identifying culprits, and held to have truthfully` deposed about event and corroboration sought not under a mandate of law but more on basis of established principles of judicial cautionAbscondence in such case, held, may prove decisive.-[Abscondence]. (d) Criminal trial -- Practice and procedure-Witnesses examined by Police-Need not all be…
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