Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 302--Leave to appeal granted to examine contentions advanced namely: that prosecution version being that deceased was shot while standing in Tonga but seats and woodwork of Tonga smeared with blood yet it was not scrapped and sent for Chemical examination; that Tonga although seized yet it was not produced in evidence, which belied prosecution version; that account was discrepant as to how Police Officer came to spot and recorded statement of eye-witness which gave an impression that there was deliberation in fixing identity of culprit; that although two persons were stated to be eye-witnesses yet Police Officer recorded evidence of one while other was also present alongwith him and such person whose statement was not recorded had only seen accused at time of occurrence; failure to hold identification test was fatal and lastly that prosecution version being not consistent with location of injuries found on deceased, could not be given any credit. (b) Penal Code (XLV of 1860)-----S. 302--Incident occurring in broad daylight in a street of village and witnessed by two independent witnesses who had no reasons to falsely implicate accused or to substitute him for real culprit--Ocular version further corroborated by testimony of another prosecution witness who resided in neighbourhood of deceased--Events following arrest of accused from his house and seizure of gun which smelt of freshly fired gun powder not only fixing his identity but also identity of crime weapon--Unimpeachable evidence available to show that deceased had been shot while standing in Tonga, non-production whereof was of no consequence--Investigating Officer had collected blood which had fallen from Tonga on ground at spot which was sent for chemical examination-­Investigating Officer considered it sufficient and about his failure to scrap blood from seats and woodwork of Tonga no further question was nut to get his explanation and in its absence no adverse inference could be drawn--Identity of accused was hardly in doubt in context of ocular testimony, holding of identification parade was of no value--Name of…

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