Law:

Section:

(a) Penal Code (XLV of 1860)----S. 302-Identification of accused-Value-No provision of law provides for holding of identification proceedings where crime committed by person unknown to witness or for that matter in any type of cases- Identification, held, has by itself no independent value.­[Identification]. Muhammad Bashir v. The State P L D 1958 S C (Pak.) 1 ref. (b) Penal Code (XLV of 1860)- -- S. 302-Identification proceedings-Value-Not safe to accept statement of a witness about complicity of an accused in a crime if witness did not describe accused by name or other particulars during investigation and still not made to identify him out of a group­Identity of accused if proved by other convincing evidence, direct or circumstantial, absence of identification test proceedings, held, imma­terial.-[Identification] King v. Christle 1914 A C 545 ref. (c) Penal Code (XLV of 1860)- -- S. 302-Evidence, appreciation of-Identity of accused in no way found doubtful and corroborated by recoveries made at instance of accused-Conviction not interfered with.-[Identification]. JUDGMENT FAKHRUDDIN G. EBRAHIM, J.-This appeal calls into question the concurrent finding of guilt pronounced against the appellants by the trial Court as well as the High Court in appeal, that they had committed the murder of deceased Muhammad Arif. For this offence the appellant Muhammad Afzal has been awarded capital punishment while the appellant Muhammad Amin was sentenced to imprisonment fox life. 2. The deceased Muhammad Arif and his companion P. W. Rahim Khan, the complainant had, on the fateful day, the 10th of February, 1973 come to Multan from village Sabzkot for making purchases. The deceased purchased one-band transistor-radio for Rs. 122 from a shop known as China Radio House for which the cash memo. was in the name of P. W. Rahim Khan. The other articles purchased were a black chaddar for Rs. 15 two dopattas for Rs. 8 each, one of red colour and the other green and all these articles, together with the cash memo for the purchase of the transistor were put in a plastic bag purchased at the same time. On this plastic bag were embossed the alphabets `PIA'. At the end of the day about 7 p.…

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