Law:

Section:

(a) Penal Code (XLV of 1860)--- ---S. 302/34--Constitution of Pakistan (1973), Art. 185(3)--Appreciation of evidence--Independent corroboration--Need for--Leave to appeal granted to examine whether appellants' was not a case in which there was need to look for independent corroboration and whether required corroboration was forthcoming against all of them. (b) Penal Code (RLV of 1860)- ---S5. 302/34--Appreciation of evidence--Independent corroboration--Need for--Three appellants convicted and sentenced to imprisonment for life-­Motive for offence to avenge and protect family honour--Guns recovered at instance of two appellants not matching with crime empties--Ocular evidence of interested witnesses considered reliable as it was supported by fire-arm injuries--Defence version rejected--Delay in recoveries and despatch to Fire-arm Expert--Recoveries not relied upon--Leave to appeal granted to examine if necessary corroboration was forthcoming against all appellants--Supreme Court, after re-appraisal of evidence found that eye-witnesses were inimical towards appellants and interested--Negative report of Fire-arm Expert and presence of fire-arm injuries on two deceased would not provide required corroboration against individual accused--Lacking required corroboration and for safe administration of criminal justice two of appellants held entitled to benefit of doubt and acquitted--Mere delay in recoveries/ despatch which was not inordinate and inexplicable, held, could not be made ground for rejecting their value and worth--Crime empty matching with gun recovered from third appellant being sufficient corroboration of evidence against him, his conviction was upheld--Appeal accepted against two appellants only. (c) Penal Code (XLV of 1860)- ---S.302/34--Appreciation of evidence--Recovery of crime weapons/ empties--Despatch to Fire-arm Expert--Delay in--Effect of--Nine days' delay in despatch of crime empties--Investigating Officer busy in investigating case at spot, in arresting accused and effecting appropriate recoveries from them, held, was not inordinate or inexplicable--Five days' delay in despatch of fire-arm recovered would not by itself be a reason for…

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