Law: Penal Code (XLV of 1860)

Section: 302/34

Law: Criminal Procedure Code (V of 1898)

Section: 540

(a) Penal Code (XLV of 1860)--   ---Ss.302/34--Eye-witnesses corroborated occurrence on all material points--Reappraisal of evidence--Presence of eye-witnesses on the occasion not denied even by defence witnesses produced by accused-­Weapon of offence (knife) was in the hand of accused when he was arrested and it was taken into possession--Trial Court as well as High Court convicted accused after full appraisal/ reappraisal of entire evidence--No rule or principle of law governing appreciation of evidence in criminal cases shown to have been violated--Interference with order of Courts below convicting accused declined in circumstances.   (c) Criminal Procedure Code (V of 1898)--   ---S.540--Additional evidence--Power of Appellate Court to examine-­Power to examine additional evidence as provided in 5.540, Criminal Procedure Code, held, was dependent upon satisfaction of Appellate Court.--[Evidence].   ORDER S.A.NUSRAT, J.--The petitioner seeks leave to appeal from the judgment of the High Court of Baluchistan, Queta, whereby his appeal against the judgment of the Additional Sessions Judge, Quetta convicting him under section 302/34 P.P.C. and awarding sentence of life imprisonment; was dismissed. 2. Complainant Abdullah had lodged the report on 25-8-1985 at 10.20 a.m. at Police Station Gawalmandi alleging that on that morning at Cattle Peri, Niazullah, absconding accused had caught hold of his deceased brother Suba Khan while the petitioner Abdul Qadir had inflicted dagger injuries resulting in his death in the Civil Hospital, Quetta. According to the prosecution, the incident was witnessed by four eye-witnesses, Abdul Rehman, Abdullah, Muhammad Yousuf and Isa Khan. Niazullah had absconded. The petitioner was arrested by witness Hussain Shah alongwith blood-stained dagger. The statement of Abdullah was recorded by the S.H.O. in the hospital, on the basis of which formal F.I. R. was registered at the police station. The prosecution examined two eye-witnesses namely Abdullah and Abdul Rehman, who corroborated the occurrence on all material points. Besides, the prosecution also produced knife Ex.PW.3, which according to the statement of PW.4…

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