Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Pakistan Penal Code, 1860

Section: 302/34

(a) Constitution of Pakistan (1973)--Art. 185(3)--Penal Code (XLV of 1860), Ss.302/34--Leave to appeal granted to accused for reappraisal of evidence on record to consider whether conviction of accused had been recorded on proper appreciation of evidence.--[Evidence]. (b) Penal Code (XLV of 1860)---Ss. 302/34--Reappraisal of evidence--Hostility between parties admitted--Trial Court relying mainly on testimony of prosecution witness whose name had not been mentioned in F.I.R. and holding other eye­witness to be a chance witness who was unable to give a satisfactory explanation as to his presence at place of occurrence--Crime weapon was recovered 5 days after accused's arrest which made recovery doubtful--Recovery evidence was weak inasmuch as recovery witness was himself a very close relative of deceased and as such was an interested witness whose testimony required corroboration--No evidence was available on record which could corroborate testimony of solitary interested and chance witness--Conviction, held, could not be maintained by relying on such witness in circumstances--Accused was, therefore, acquitted.--[Evidence]. JUDGMENT ASLAM RIAZ HUSSAIN, J.-- Muhammad Tasneem appellant was tried alongwith Muhammad Iqbal and Muhammad Arif co-accused, for the murder of William alias Bills. The offence took place at about 1 p.m. On 14-5-1976 near Zia Girls High School, Municipal Park, Jinnah Colony, Faisalabad. The F.I.R. was lodged by Inderyas (Andrews) P.W.6 (the father of the deceased) at Police Station Gulberg, on the same day at 1.30 p.m., which was recorded by Ghulam Muhammad, Head Constable P.W.3. The complainant was not himself an eye-witness but is stated to have been informed of the incident by Sawarn Masih P.W.7, one of the alleged eye-witnesses. 2. The prosecution case as contained in the F.I.R. is that on the day of occurrence William deceased was returning after finishing his work. When he reached near Zia Girls High School, Municipal Park, Jinnah Colony, Faisalabad, at 1 p.m. Muhammad Tasneem appellant and his co-accused Muhammad Iqbal and Muhammad Arif armed with chhuris and daggers encircled him (William deceased) and while raising Lalkara that he…

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