Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302/34-.--Appreciation of evidence Case of accused was at par with that of acquitted co-accused--- No crime empty recovered from the place of occurrence was found wedded with the fire-arm recovered from one accused --­ Sota recovered from other accused was sent to the chemical Examiner for examination after more than one month ---Medical evidence could not be used as corroboration qua the accused to show that they had caused the injuries --­Accused were acquitted in circumstances. Machia and others v. State PLD 1976 SC 695 and Shamsherwan v. State 1985 SCMR 34 ref. (b) Penal Code (XLV of 1860)--- ----S. 302/34--- Medical evidence ---Corroborative value ---Medical evidence can be used as corroboration to show that injuries were caused in a particular manner with a particular weapon, but it can never be used as corroboration qua accused to show that a particular accused has caused said injuries.-­[Evidence]. Machia and others v. State PLD 1976 SC 695 and Shamsherwan v. State 1985 SCMR 34 ref. (c) Penal Code (XLV of 1860)--- ----S. 302/34--- Appraisal of evidence ---Where a witness is found to have falsely implicated one accused, ordinarily he would not be relied upon with regard to the other co-accused in the same transaction unless his testimony is corroborated by very strong and independent circumstances regarding each one of the other accused. (d) Penal Code (XLV of 1860)--- ----S. 302/34--- Appreciation of evidence ---Accused had a strong motive to kill the deceased ---Crime empty recovered from the spot was found to have been fired from the pistol recovered from the accused which was an independent corroboration connecting him with the commission of the crime ---Conviction of accused was maintained in circumstances. (e) Penal Code (XLV of 1860)--- ----S. 302/34--- Sentence ---Mitigating circumstance ---Deceased had forcibly taken four acres of accused's land and started cultivating the same without his permission ---Sentence of death awarded to accused .was reduced to imprisonment for life in circumstances taking into view the Injunctions of Islam that justice should be administered with mercy. Ghulam Abbas v. Mazher…

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