Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 185(3)--Penal Code (XLV of 1860), Ss. 302, 307, 452, 148 & 149--Leave to appeal granted to determine whether in view of fact that one of accused persons who was implicated by eye-witnesses was acquitted by Court, oral testimony would still be relied upon implicitly with regard to other accused without independent corroboration. (b) Penal Code (XLV of 1860)- ---Ss. 302, 307, 452, 148 & 149--Occurrence took place in two separate episodes--Police Officer testified that he found dead bodies of deceased from two different places--Blood-stained earth secured from said two places where dead bodies were lying--No reason on record found to doubt correctness of testimony of police officer--Overall evidence supporting fact that occurrence took place in two separate episodes--Fact that no empties were secured from one of the two places would not falsify evidence of eye-witnesses who fully supported prosecution-­Occurrence, held, took place in two separate episodes and at two different places circumstances. (c) Penal Code (XLV of 1860)-- ---Ss. 302, 307, 452, 148 & 149--Appreciation of evidence--Recovery-­Accused coming armed at places of occurrence and killing four persons-­Prosecution case fully supported by four eye-witnesses, two of whom were injured--Presence of such witnesses at place of occurrence not disputed--Conviction of accused, therefore based upon ocular testimony furnished by such four witnesses--Eye-witnesses, two of whom were natural witnesses. though related to deceased but no enmity or their motive against accused could be established--No improvement in any material aspect of case found so as to discredit direct evidence of such witnesses--Recovery record found consistent with statement of Investigating Officer--No doubt regarding honesty of Investigating Officer found--No material was available on record to suggest that Investigating Officer had any motive to co-operate in fabricating a false case against accused persons--No support found from evidence for defence version-­Conviction of accused persons, held, was well-founded in circumstances. (d) Penal Code (XLY of 1860)-- ---Ss. 302, 307, 452, 148…

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