Law:

Section:

(a) Constitution of Pakistan (1973)----Art. 185(3)--Penal Code (XLV of 1860), S. 302/34--Appreciation of evidence--Leave to appeal granted to consider effect of defence evidence in peculiar circumstances of case. (b) Penal Code (XLV of 1860)-----S. 302/34--Appeal against conviction--Appreciation of defence evidence--Statement of a truthful independent eye-witness, who was in reality a prosecution witness but given up for insufficient reasons, and produced as defence witness, examined--Discrepancy in statements of independent eye-witnesses about number of accused--Resolved in favour of accused reducing their number from five to three--Conviction of two appellants, one who fired shots and was identified by independent eye-witness, having no animus against him, and other against whom sound corroboratory medical evidence was also available, upheld--No confirmatory evidence worth reliance forthcoming against remaining three appellants, they were allowed benefit of doubt and acquitted--Appeal partly allowed. Sh. Nasim Hassan and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioners. Advocate-General, Punjab, Lahore instructed by Rao Muhammad Yousaf, Advocate-on-Record for the State. Ch. Abdul Saleem, Advocate Supreme Court for the Complainant. Muhammad Yamin, Advocate Supreme Court for the State. Date of hearing: 18th November, 1985. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--This appeal through leave of this Court is directed against the judgment of the Lahore High Court, dated 16-1-1979; whereby the appellants convictions and sentences for the offence of murder of their co-villager Muhammad Akram and also for rioting were confirmed. Their co-accused Muhammad Iqbal, who was charged of conspiracy to commit murder, was, however, acquitted. The sentence awarded under the charge of murder is imprisonment for life and fine. Compensation was also awarded. 2. The motive for the murder was that the deceased had allegedly abducted daughter of Abdur Razzaq appellant and married her. There was also a Court case for the abduction. However, prior to the occurrence, the abductee had returned to her fathers house. Muhammad Munir appellant allegedly fired pistol shots (effectively)…

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