Law:

Section:

(a) Penal Code (XLV of 1860)--S.302---Constitution of Pakistan (1973), Art.185(3)---Appreciation of evidence---Occurrence was found to have taken place in the manner alleged by the prosecution---Eye-witnesses no doubt were sons of the deceased, but their presence at the spot at the time of occurrence was natural and the stamp of injuries on the person of one of them had further supported his presence at the scene of occurrence---Witness mentioned in F.I.R. who had been abandoned as having been won over when examined as Court witness had also supported the prosecution version to some extent---Accused had not advanced any serious motive for false charge---Conviction and sentence of accused were upheld in circumstances. (b) Evidence--- ----Hearsay evidence---Anything said immediately after the occurrence by .the people gathered cannot be termed as hearsay because the same is admissible as res gestae. (c) Abscondence--- ----Abscondence by itself is no evidence of involvement ( the absconder in the occurrence, but the same provides sufficient corroboration of the ocular account. JUDGMENT WALL MUHAMMAD KHAN, J.---Habib-ur-Rehman alias Rehman alias Raja Bottal, appellant herein, through leave of the Court, has called in question the order dated 12-6-1990 passed by the Lahore High Court, whereby his appeal against his conviction under section 302, P.P.C. for causing the death of Riaz Ahmad deceased, was partly accepted to the extent of reducing the death sentence imposed upon him by the trial Court to life imprisonment plus fine. Leave to appeal was granted to examine whether:- "After disbelieving complainant about his own injury the ocular evidence could be considered to be consistent; and (ii) Acceptance of the statement of Ismail (C.W.1) and rejection of statement of Muhammad Nawaz did not react against the correctness of the prosecution case?" The background of the case culminating in the instant tragedy is that deceased Riaz Ahmad alongwith his sons Shaheen Riaz P.W.10 and Shamim Riaz P.W.11 were returning home after their day's work of construction of a street in Sharif Abad Satellite Town, Rawalpindi on 6.9-1986 at 5-30 p.m. and when they reached near their…

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