Law:

Section:

(a) Criminal Procedure Code (V of 1898)--S. 103---Penal Code (XLV of 1860), S. 302---Recovery--- Veracity of evidence given by witnesses of recovery .who were brothers of deceased which got support*from the documents prepared by the doctor and the investigator could be relied upon regarding said recoveries. (b) Penal Code (XLV of 1810--- ----S. 302---Appreciation of evidence---Documents prepared by the doctor and investigator and recovery evidence furnished strong support to the ocular account of eye-witnesses who were closely related to the deceased---Close relationship of eye-witnesses, in the circumstance, would lose much of its force.---[Witness]. (c) Penal Code (XLV of 1860)--- ----S. 302---Appreciation of evidence---When both parties were determined to withhold reality and truth from the Court, such stage and situation should not deter the Court from discovering the truth and thus sifting of grain from the chaff. Syed Ali Bepari v. Nibaran Mollah PLD 1962 SC 502 ref. JUDGMENT MUHAMMAD AFZAL ZULI.AH, CJ.---These two appeals have arisen out of a murder case. Shahid Raza appellant/convict has challenged the conviction and sentence of life imprisonment while Muhammad Nisar complainant, brother of the deceased Muhammad Iqbal, seeks the enhancement of sentence awarded to the convict from life imprisonment to death. Mr. S.M. Zafar learned counsel for the appellant, as he put it, addressed arguments other than classical. He read before us in the very first instance the statement on oath made by Shahid Raza accused as his own witness. He then invited us to put it iii juxtaposition to the statements of Muhammad Nisar and Zarin Khan eye-witnesses. They are brother and cousin, respectively, of the deceased. By this exercise he thought it would be easier to discover the truth. The statement made by the accused relied upon by the learned counsel is as follows:-- "I do not know anything about this occurrence and I have been falsely involved in this case. No recovery of any gun, live cartridges, lock and key was ever effected at my instance. No blood-stained shalwar was also recovered at my instance. About 1-i/z year prior to this occurrence the deceased Muhammad Iqbal…

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