Law:

Section:

Constitution of Pakistan (1973)---- Art. 185(3) read with Penal Code (XLV of 1860), S. 302-Murder­Conviction on basis of ocular testimony corroborated by recovery of pistol and matching empty secured from residential kotha of acquitted accused-Leave to appeal granted to examine questions (i) whether such recovery could furnish corroboration of ocular evidence against one accused, and (ii) whether evidence of eye-witness in respect of co-accused received corroboration by his abscondence and from fact that numerous injuries of different dimensions on person of deceased indicated use of more than one weapon. (b) Penal Code (XLV of 1860)--- -- S. 302--Murder-Evidence-Eye-witness living with deceased at time of occurrence at same house inside which occurrence taking place­ Presence of eye-witness at time and place of occurrence could not be doubted-Abscondence or disappearance of accused after occurrence furnishing corroboration to ocular testimony--Held, participation of accused fully established by prosecution evidence in facts and circum­ stances of case and that no exception can be taken to Judgment of High Court in appeal-Convictions and sentences maintained. Kh. Muhammad Khan, Advocate Supreme Court instructed by S. Safdar Hussain, Advocate-on-Record for Appellants. Basharatullah Khan, Assistant Advocate-General, N.-W. F. P. and Nur Ahmed Khan, Advocate-on-Record for the State. Date of hearing: 8th November, 1983. JUDGMENT ZAFFAR HUSSAIN MIRZA, J.-Appellants Syed Ali Shah alias Asad Ali Shah alias Saeed Badshah (Cr. A. No. 20-P of 1980) and Tor Ali Shah (Cr. A. No. 21-P of 1980) were tried together and convicted by the same judgment of the trial Court. These appeals will, therefore, be disposed of by this common judgment. 2. Leave was granted in the case of Syed Ali Shah (to be referred to as the first appellant) as he was convicted on the ocular testimony of Mst. Bahadur Jana corroborated by the recovery of the pistol and .the empty which matched with the pistol but as the pistol was secured from the residential Khotha of Abbas Ali Shah, acquitted co-accused, the question whether this recovery could furnish corroboration of the ocular evidence against him was…

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