Law:

Section:

(a) Penal Code (XLV of 1860)----S.396---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine the justification for lesser sentence awarded to the convicts in the case. Qazi Salahuddin v. The State PLD 1986 SC 548 ref. (b) Penal Code (XLV of 1860)--Ss.391 & 302---Constitution of Pakistan (1973), Art.185(3)---Two of the five accused were not only identified in Court but also the said identification was found to have material support from other circumstances--- Eye-witnesses credibility thus got confirmed in so far as the two convicted accused were concerned and once such a thing happened the witnesses gained added credibility---Leave to appeal was granted to examine the question whether such corroboration and credibility gained by witnesses regarding the two accused persons relating to the same occurrence could or could not be treated as sufficient certification of the credibility of the witnesses concerned. Qazi Salahuddin v. The State PLD 1986 SC 548 ref. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.---This order be read in continuance of order for grant of leave to appeal in Criminal Appeal No.114 of 1990.7he order reads as follows:-- "In this case of gruesome dacoity in which a murder took place leave to appeal is sought by one of the two accused ultimately convicted and sentenced to life imprisonment. The petitioner, one of the two convicts whose appeal has been dismissed by the High Court, has challenged his conviction and sentence." The prosecution case as summarized in the memorandum submitted with the petition for leave to appeal is as follows:---- "The prosecution version as disclosed in the statement .of Muhammad Ajmal Khan complainant (P.W.15) which was recorded by Raja Abdul Aziz S.I. the then S.H.O. P.S. City, Attock (P.W.18) is that on the night between 2nd and 3rd March, 1981 the complainant alongwith his wife Mst. Shamshad Ajmal and children were asleep in a room of his house. In the adjoining room his sister Mst.Mehar Taj Bibi (P.W.17) and Mst. Haleema Bibi were sleeping. In the 3rd room his father Shams Khan (P.W.16), his brother Niaz Muhammad (deceased) and his cousin Muhammad Amin were asleep. At about 12-30…

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