Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 185 (3)-Penal Code (XLV of 1860), S. 302/149-Murder-­Leave to appeal granted for reappraisal of evidence in interest of justice. (b) Penal Code (XLV of 1860)---- ---S. 302--Murder-.Witness--Police witness, a corpse-bearer-Held, only a formal witness and concession made by such witness does not deserve much weight.-[Witness]. Bagu v. State P L D 1972 S C 77; Muhammad Sharif v. Muhammad Javed P L D 1976 S C 452 and Zulfikar Ali Bhutto v. The State P L D 1979 S C 53 ref. (c) Penal Code (XLV of 1960)­- --- S. 302/149-Murder-Evidence-Hostile witness-High Court not ignoring evidence of such witness but holding that he had deliberately made concession in favour of two of accused and that in view of positive reliable evidence of another witness, participation of all accused notwithstanding such concession was to be believed-Corroboration available against a11, but one absconding, accused by way of recovery of blood-stained clothes and weapons-Conviction and sentences upheld.-[Witness]. Zarid Khan v. Gulsher 1972 SCMR 597 ref. Mujibur Rehman, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate-on-Record for Appellants (in Criminal Appeal No. 57 of 1978), Nemo for Appellants (in Criminal Appeal No. 58 of 1978). Ghulam Dastgir, Advocate Supreme Court for the State. Date of hearing: 27th November, 1983. JUDGMENT M. S. H. QURAISHI, J.-This judgment will dispose of two appeals b leave of the Court, namely, Criminal Appeal No. 57 of 1978 of Muhammad Sadiq and Muhammad Ashraf and Criminal Appeal No. 58 of 1978 of Ghulam Hussain, Mushtaq Hussain, Muhammad Razaaq and Baqar Hussain. 2. The six appellants and their co-accused Nazeer Hussain had been convicted by the Additional Sessions Judge, Sialkot on 2-1-1975 of the murder of Muhammad Siddiq and of attempt on the life of Naseer Ahmad P. W. Consequently they had been sentenced under section 302/149, P. P. C to imprisonment for life and to pay a fine of Rs. 1,000 each or in default in payment thereof to undergo further R I. for two years under sec­tion 307/149 P. P. C. to R. I. for seven years and to pay a fine of Rs. 500 each or in default in payment thereof to further R.…

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