Law:

Section:

(a) Evidence Act (I of 1872)--- S. 33--Previous statement of witness-Admissibility in case of wit­ness being not available-No attempt made to prove search for witness having been made or to prove his whereabouts being unknown or to show witness having been declared absconder after taking proceedings under Ss. 87 and 88 of Criminal Procedure Code, 1898-Previous statement of witness in circumstances, held, inadmissible in circum­ stances under S. 33, Evidence Act, 1872. Ali Haider v. The State P L D 1958 S C (Pak.) 392 ref. (b) Penal Code (XLV of 1860)- -- Ss. 302/34-[Murder-case-Appreciation of evidence Previous statements of prosecution witnesses admitted in evidence in contraven­tion of provisions of S. 33, Evidence Act, 1872-Other two prosecution witnesses, brothers of deceased, abandoned as being won over-­Real brothers being won over by assailants not consonant with reason and natural course of events-Discrepancies in prosecution evidence as to place of firing and number of shots fired-Single shot appearing to have been fired but identity of person responsible for firing such shots not ascertainable-Prosecution, held, failed to establish, its case and accused entitled to acquittal-Constitution of Pakistan (19731, Art. 185(3). JUDGMENT MUHAMMAD HALEEM, J.-These appeals, by special leave, arise from the judgment of the Lahore High Court, Lahore, dated 2nd of October, 1975, by which Criminal Appeal No. 538 of 1974 was dismissed. 2. The appellants, Shaukat, Ahmad Khan and Atta Ullah, in Criminal Appeal No. 190 of 1977 and Noor Muhammad in Criminal Appeal No. 191 of 1977 were charged along with Wilayat and Mushtaq under sections 148 and 302 read with section 149, P. P. C. for the murder of Muhammad Yaqub, but before the trial opened, Mushtaq, who in the meantime was granted bail, was murdered by Liaquat Ali, P. W. 9 and Mahboob, P. W. 10, and a case as registered against them for his murder where after they absconded and are not traceable till to date. . 3. According to the prosecution, about two years before the present incident the deceased had fired at Ahmad Khan and a case was registered against him under section 307, P. P. C. but it ended in his acquittal…

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