Law:

Section:

Penal Code (XLV of 1860)--- S. 302/34 read with Constitution of Pakistan (1973), Art. 185(2)(c)­Murder-case-Appreciation of evidence-Study of injuries received by dying declaration showing (as stated by Doctor) inability of alleged declaration to have been able to talk-Dying declaration and alleged statement made by such declaration before witnesses with regard to his assailants not worthy of belief in circumstances-Nobody proved to have seen alleged firing nor ocular evidence worthy of any credit in such regard-Recovery of gun from one of accused appellants appearing to have been foisted on him-Gun having been deposited in police station pursuant to Order of Martial Law Authorities and not shown to have been returned after obtaining receipt-Accused H alleged to have fired with a pistol but his victim not shown to have suffered any pistol shot injury-Medical evidence falsifying ocular evidence--Woman chief cause of trouble not produced in witness ­box and no explanation given for withholding her-Identification of culprits not possible in state of position of moon - Held: Not consistent with principles of safe dispensation of criminal justice to uphold conviction and sentence of appellants in circumstances. JUDGMENT NASIM HASAN SHAH, J.-This appeal by right, under Article 185(2xc) of the Constitution of Pakistan is directed against the judgment of the Lahore High Court, dated 10th. tune, 1978, in Criminal Appeal No. 922 of 1972, where by the order of acquittal dated 13-6-1972 passed by the learned Sessions Judge, Rawalpindi was reversed so far as the four appellants arc concerned and they were convicted inter alia under section 302/34, P. P. C. Muhammad Afzal, son of Muhammad Akram (appellant No. 2) was Bakhsh son of Qaim Khan (appellant No. 1), No. 3) and Allah Bakhsh, son of skander (appellant No.1)Muhammad Bakhsh were sentenced to lie imprisonment. The facts stated are night between 3rdy and 4th September, 1969, mere precisely at 1-30 a. m. on 4th September, 1969, Hayat Bakhsh allegedly armed with a pistol, and the other accused along with one Muhammad Hanif son of Muhammad Hussain armed with deadly weapons like pistols, guns and at this, entered the court…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492