Law:

Section:

(a) Penal Code (XLV of 1860) --- Ss. 367, 429, 148 & 149 (Murder case) Appreciation of evidence Accused soon after occurrence absconding and arrested a year later when his property put under attachment Accused after his arrest leading to recovery of unlicensed gun from his kotha Eye¬witnesses of occurrence though interested yet natural witnesses being present at time of occurrence and in a. position to identify culprits ¬Shirt of main eye witness also found blood stained in handling of deceased Statement of witnesses consistent with regard to their presence and manner of occurrence Evidence of such eye¬witnesses corroborated by medical evidence and abscondence of accused Abscondence not satisfactorily explained Accused, held, rightly found guilty of offence in circumstances. [Evidence]. (b) Evidence Act (I of 1872)----S. 8, illus. (1) Abscondence Corroborative value of Relevance and corroborative value of abscondence Cannot be denied on any interpretation of law applicable Strength or weakness, sufficiency or otherwise of abscondence Can be a matter of debate in a given case Facts of each case, hence, finally determine place and weight to be given to abscondence for proving a case beyond reasonable doubt Antecedents of absconder, his occupational habits and limitations, period of abscondence, specific explanation for same, all such factors to be considered in juxtaposition with other evidence on record. [Abscondence]. (c) Criminal trial----Mitigation Private revenge Held, never considered by Supreme Court to be a mitigating circumstance. [Sentence] (d) Criminal trial ----Appreciation of evidence Interested witness Statement of even an interested witness Theoretically capable of being accepted without corroboration Such a witness however, only an "exceptional witness". [Evidence Witness]. ORDER SHAFI UR REHMAN, J. Malik Yaran Khan, a prastising lawyer of District Mianwali, was shot dead while on way to District Courts on the morning of 17th June, 1972. His son Malik Amir (P. W. 13) also an Advocate, who was accompanying him, lodged a report at Police Station Sadar Mianwali within half an hour. He charged Ali Khan petitioner along with two others, Attar Khan…

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