Law:

Section:

(a) Penal Code XLV of 1860---S. 302-Evidence, appreciation of Eye-witnesses stating three shots having been fired by three assailants but five empties recovered from spot-Distance of firing stated to have been five paces but four of five entrances of wounds having charring marks-Eye-witnesses emphatic as to assailants having fired at deceased when deceased in act of walking towards them but one of entrance wounds found on back of deceased-Cause of death haemorrhage but no blood. found at place. of falling of deceased-Testimony of witnesses, held, doubtful in circumstances of case.-[Evidence--Witness]. (b) Constitution of Pakistan (1973)- --- Art. 185(3)-Concurrent findings-Supreme Court generally does not interfere with concurrent findings supported by evidence-Both Courts below, however, ignoring all evidence going against prosecution case, concurrent findings, in circumstances, held, vitiated.-[Evidence]. Noora v. The State P L D 1973 S C 469 ref. JUDGMENT DORAB PATEL, J.-Ghulam Nabi was shot dead in his house at about 10-00 p. m. on 12-8-1973, and the appellants in the complaint lodged by the nephew of the deceased. Dost Ali is an absconder, but the appellants were arrested in due course and as Ghulam Nabi died a few days after the attack on him, the appellants were tried for his murder. Abdul Nabi, the son of the deceased, and Ahmad Ali, a nephew of the deceased, claimed to have witnessed the occurrence, and they said in their evidence that they were sitting in the house of the deceased (which was known as Sanjhay), that some one called for the deceased, therefore, the deceased walked across the courtyard of the house to its gate and as the deceased was walking to the gate of the house, the appellants and their brother each fired a shot at him. The eye-witnesses were able to identify the assailants, because Ahmad Ali had a torch with him. The motive for the occurrence, according to Ahmad Ali, was that the appellants and their brother "were living in our village, and had a dispute over water rights with the deceased and had left the village in consequence of that dispute. Further, according to these two eye­witnesses, the deceased fell down unconscious after…

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