Case Details

Citation(s)
1982 SLG 797 1982 SLD 797 1982 PLD 344
Lahore High Court
Criminal Appeal No. 855 and Murder Reference No. 228 of 1972 decided on 4th May, 1974
M. S. H. QURESHI AND GULBAZ KHAN, JJ
Ch. Nazir Ahmad Khan for Appellant. Major Mufti Nazar Muhammad for A.G. for the State

KHAQAN--Appellant

VS

The STATE--Respondent

Law:

Section:

(a) Criminal Procedure Code (V of 1898)- - S. . 154-First Information Report-Delay-Place of occurrence being 10 miles from police station and occurrence having taken place at 12 noon, no appreciable delay, held, can be said to have occurred in lodging F. I. R. at 1-30 p.m.-Even otherwise complainant having had no difficulty in identifying assailants, delay, held further, incon­sequential.-[Delay]. (h) Penal Code (XLV of 1860)- S. 302-[Murder-case]-Appreciation of evidence-Corroboration ­Presence of witness in view of injury sustained by him not open to doubt-Witness medically examined shortly after occurrence and injury noted on his person-Witness fully supporting prosecution case and having no relation with parties nor known them from before ­Nevertheless witness having resiled on some material points, reliance on his evidence, not safe unless corroborated in material particulars ­Corroboration of evidence of such prosecution witness as well as of other prosecution witnesses coming from recoveries of incriminating articles made from accused's possession promptly-Accused, also proved to have had a motive to commit offence--Case, held, stood fully established against accused. (c) Criminal Procedure Code (V of 1898)- S. 103-Recovery-Proof-Persons associated with recovery won over by accused and given up by prosecution-Recovery, held, could be proved by solitary statement of Investigating Officer and such Officer to be treated to be as good a witness as any other member of public particularly when such officer not shown to have had a motive to falsely involve accused.-[Recovery]. Ahmad Baksh v. The State 1972 P Cr. L J 279 ; Mumtaz Ahmad alit Mumtaz Ali v. The State 1974 P Cr. P J 137 ; In re : Islamul Hay and other 1974 P Cr. L J 6 and Muhammad Sarwar's case P L D 1969 S C 278 ref. (d) Penal Code (XLV of 1860)- -- S. 302-[Murder-case]-Appreciation of evidence-No question put to doctor in regard. to incompatibility, if any, of injuries on deceased with weapon recovered from accused-Objection as to weapon. recovered having not been used in commission of offence overruled. (e) Penal Code (XLV of 1860)- -- S. 302.-Murder-Sentence-Aggravation-Murder committed in a…
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