Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 302--Leave to appeal granted to reappraise evidence in light of contentions that complainant who happened to be a brother of deceased and who had lodged report on information given to him by eye-witnesses, had repudiated his own report, that eye-witnesses did not appear to be natural witnesses, that motive had not been consistently brought out in evidence and that recovery of incriminating articles was not believable. (b) Penal Code (XLV of 1860)-- ---S. 302--Criminal Procedure Code (V of 1898), S. 154--First Information Report--First Information Report though per se not substantive evidence is nevertheless an important document inasmuch as it discloses facts of occurrence as initially known, lays foundation of case and provides clues for investigation by police--Discrepancy in names and number of accused therefore, does, not deserve to be lightly dealt with. (c) Penal Code (XLV of 1860)- ---S. 302--Appraisal of evidence--Discrepancy in number and identity of accused as stated in F.I.R. and ocular evidence--Explanation by witnesses being clumsy casting doubt not only on integrity of complainant but also on veracity of ocular witnesses themselves, for it was difficult to see which one of them was telling truth--Inference, held, possible, that witnesses at time of F.I.R. were not certain as to the number and identity of accused--Explanation of witnesses thus was liable to be rejected in circumstances. (d) Penal Code (XLV of 1860)- ---S. 302--Appraisal of evidence--Eye-witness closely related to complainant party, being first cousin of father of deceased and his son having been married to real sister of deceased--Such eye-witness hesitating to answer important question, thus raising serious doubts as to his presence--Other witnesses contradicted by maker of F.I.R. in regard to number and identity of accused--Ocular testimony, held, was not worthy of unstinted reliance in circumstances. (e) Penal Code (XLV of 1860)- ---S. 302--Appraisal of evidence--Motive--Story of motive self-­contradictory--Not of any corroborative value and does not deserve much weight. (f) Penal Code (XLV of…

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