Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 302/34--Leave to appeal granted to convicts under S. 302134, P.P.C. (two counts) and sentenced to death on one count and life imprisonment on the other to examine whether interested testimony received requisite corroboration from so-­called disinterested witness to prove case against accused and whether on facts of case, there were no mitigating circumstances to justify awarding of sentence alternative to death on conviction for offence of murder. (b) Penal Code (XLV of 1860)-- ---S. 302/34--Appreciation of evidence--Witnesses--Presence of witness at place of occurrence accounted for--Witnesses also satisfactorily explained their presence on thoroughfare near residence of accused--Mere fact of appearing of one witness in two other murder cases, held, would not by itself be indicative of fact that witness was inimical accused or was unreliable. (c) Penal Code (XLV of 1860)-- ---S. 302/34--Appreciation of evidence--Ocular evidence if considered unsatisfactory for recording conviction of acquitted accused, same testimony, held, could be considered sufficient for recording conviction of other accused if material on record was sufficient to establish a case beyond reasonable doubt against said accused. (d) Penal Code (XLV of 1860)-- --S. 302/34--Appreciation of evidence--Sentence--Mitigating circumstances--Deceased suspected of maintaining illicit relation with sister of accused and had conveyed an insulting reply when he was asked to discontinue connection with her--That being a mitigating circumstance, sentence of death awarded to accused, held, rightly substituted by one of life imprisonment.--[Sentence]. Ghulam Rasul v. Ali Akbar and others PLD 1965 S C 363 and Nazir Ahmad v. Muhammad Din and others 1981 SCMR 415 affirmed. Ejaz Hussain Batalvi, Senior Advocate Supreme Court instructed by Sh. Masood Akhtar, Advocate-on-Record (absent) for Appellants. K.E. Bhatti for Advocate-General, Punjab for the State. Ch. Muhammad Ashraf Azim, Advocate Supreme Court for the Complainant. Date of hearing: 3rd June, 1985. JUDGMENT SHAFIUR RAHMAN, J.-- Leave to appeal was granted to the two convicts…

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