Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302/34---Criminal trial---Burden of proof---Prosecution has to succeed on its own merits and has to prove the case against the accused beyond reasonable doubt and every doubt is to be resolved in favour of the accused. Muhammad Luqman v. The State PLD 1970 SC 10; Muhammad Yaqub v. The State 1992 SCMR 1983; Ashiq Hussain v. The State 1993 SCMR 417 and Syed Saeed Muhammad Shah v. The State 1993 SCMR 550 ref. (b) Penal Code (XLV of 1860)--S. 302/34---Appraisal of evidence---Ocular account was consistent and coherent and was not in conflict with medical evidence---Courts below after having assessed the prosecution and defence versions in juxtaposition had rightly rejected the defence of the accused---Number of injuries had commensurated with the number of accused, who had even admitted their presence at the place of occurrence---Conviction and sentence of accused were upheld in circumstances. Muhammad Luqman v. The State PLD 1970 SC 10; Muhammad Yaqub v. The State 1992 SCMR 1983; Ashiq Hussain v. The State 1993 SCMR 417; Syed Saeed Muhammad Shah v. The State 1993 SCMR 550; Syed Ali Bepari v. Nibaran Mollah and others PLD 1962 SC 502; Rab Nawaz v. The State 1990 SCMR 1040; Zahid Parvez v. The State PLD 1991 SC 558 and Waris Khan v. Ishtiaq PLD 1986 SC 335 ref. (c) Penal Code (XLV of 1860)--- ----S. 302/34---Medical evidence---In case of acceptance of the statements of eye-witnesses, the opinion of the Doctor cannot prevail over the direct evidence. JUDGMENT ABDUL QADEER CHAUDHRY, J.---This appeal by leave of the Court is directed against the judgment of the High Court dated 10-9-1991, whereby the appeal filed by the appellants against their conviction recorded by the learned Additional Sessions Judge, was dismissed. 2. The appellants alongwith the co-accused were tried by the learned Additional Sessions Judge. He convicted Muhammad Nawaz appellant under section 302/34, P.P.C., and sentenced him to death. He also imposed a fine of Rs.10,000, and in case of default the appellant will further undergo R.I. for two years. The learned Additional Sessions Judge convicted Haq Nawaz appellant under section 302/34, P.P.C., and sentenced…

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