Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 185(3)--Penal Code (XLV of 1860), S. 302/34--Leave to appeal granted to consider various aspects of evidence in case, viz. (i) discrepancy found between medical and ocular evidence in regard to number of incised injuries and absence of bullet injuries; (ii) motive, if true, did not explain why accused waited so long; (iii) ocular witnesses being inimical, their testimony required corroboration which was not available; (iv) fact that while deceased received burns, his wife and children did not, though all of them had been in Katha and (v) delay in lodging F.I.R. (b) Penal Code (XLV of 1860)-- ---S.302/34--Appreciation of evidence--Interested witness--Corrobora­tion--Rule that statement of an interested witness could never be accepted unless corroborated, held, not inflexible--Corroboration in case of interested witness need not be of same probative force as in case of an accomplice.--[Evidence--Witness]. Nazir v. State P L D 1962 S C 269, Sohni v. Bahaduri P L D 1965 S C 111, Nazir Hussain v. Muhammad Shafi P L D 1965 S C 188 and Abdur Rashid v. Umid Ali P L D 1975 S C 227 ref. (c) Penal Code (XLV of 1860)-- ---S.302/34--Appreciation of evidence-Occurrence taking place in Kotha of deceased--Presence of wife of deceased at time of occurrence, held, could not be doubted--Testimony of such witness about identification of assailants, [p-.F06] could be believed in circumstances.--[Evidence-­Witness]. (d) Penal Code (XLV 6f 1860)-­ ---S.302/34--Appreciatiion of evidence--No particular injury found on person of deceased attributable to accused--Participation of accused as one of culprits not open to doubt--Accused, held, vicariously liable for murder in circumstances and his conviction was fully merited. (e) Penal Code (XLV of 1860)-- ---S.302/34--Sentence--Occurrence having taken place in 1971, imposition under Ss.302/34, P.P.C. of imprisonment for life, which was later introduced by Law Reforms Ordinance, 1972, held, not legal--Supreme Court, however altered sentence to one for transportation for life, maintaining conviction of accused.--[Sentence]. JUDGMENT M.S.H. QURAISHI, J.-- This appeal by leave of the Court arises out…

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