Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 185(3) read with Penal Code (XLV of 1860), S. 302-Murder-Leave to appeal-Granted for re-appraisal of evidence.-[Evidence]. (b) Penal Code (XLV of 1860)- --S. 302-Murder-Evidence-Witness-Prosecution witness resiling from his previous statement-Whether and when reliance can be placed on evidence of such witness-Evidence Act (I of 1872), Ss. 145 & 157.[Evidence-Witness]. Although it cannot be held as a rule that whenever a prosecution witness is shown to have resiled from his previous statement, he is necessarily telling a lie because on proper scrutiny the latest statement on oath at the trial might be found to be the true statement, it will not be possible to place implicit reliance on a witness who makes one statement in examination-in-chief and a contradictory statement under cross-examination ; particularly when it is discovered that he has done so for a motive other than telling the truth. In the latter category of cases it might also be possible but very rarely, to accept a part of the statement made at the trial when it finds support from other satisfactory evidence or circumstance. (c) Penal Code (XLV of 1860)- S. 302-Murder-Motive-Consequences of prosecution's failure to substantiate alleged motive-No uniformity of approach by Courts regarding such consequences on credibility of evidence because question depends upon facts of each case-Circumstances under which failure of motive asserted by prosecution reacts on question of sentence as a mitigating circumstance.-[Motive]. Habiballah and others v. The State P L D 1969 S C 127 ; Alta Muhammad v. The State 1968 S C M R 502 ; The State v. Rah Nawaz and another P L D 1974 S C 87 ; Abdur Rashid v. Umid Ali and others P L D 1975 S C 227 ; Ahmad Nisar v. The Slate 1977 S C M R 175 ; Misri Khan v. Kola Khan and another P L D 1977 S C 462 ; Mumtazuddin v. The State P L D 1978 S C 114 ; Muhammad Sadiq v. Muhammad Sarwar and others 1979 S C M R 214 ; Khan Bahadur v. Muhammad Aslam 1981 S C M R 54 and Ahmad v. The State 1982 S C M R 781 ref. (d) Penal Code (XLV of 1860)- --S. 302-Murder-Evidence-Motive-Dispute over land shown to be motive of murder-Fact that prosecution…

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