Law:

Section:

(a) Penal Code (XLV of 1860)-------Ss.302/34 & 323/34---Constitution of Pakistan (1973), Art.185(3)---Leave '', to appeal was granted to consider whether the principles governing appraisal of evidence as laid down by Supreme Court were correctly followed by the Courts below and the evidence of three relation-cum-chance witnesses, who claimed to have witnessed the occurrence at dead of night in the moonlight, could form a safe basis for conviction. (b) Penal Code (XLV of 1860)--- ----Ss. 302/34 & 323/34---Appraisal of ,evidence---Medical evidence had strongly supported the ocular version---Complainant had explained the delay in lodging the F.I.R: --Names of eye-witnesses, names of the assailants with the weapons they carried and the part they played in the occurrence, were mentioned in the F.I.R: --Witnesses had been immediately examined by the Investigating Officer---Parties were related inter se and the eye-witnesses whose presence at the spot was established had no cause to falsely implicate the accused---No mistaken identity of accused was possible as the eye­witnesses had seen them at a close distance in moonlight---Contradictions pointed out in prosecution evidence being of minor nature could not affect .the material evidence of eye-witnesses---Convictions and sentences of accused were upheld in circumstances. Daud alias Dadan and another v. The State PLD 1964 (W.P.) Kar. 428; Muhammad Shafi and another v. The State 1974 PCr.LJ Note 10 at p.7; Bashir v. The State 1985 PCr.LJ 1987 and Muhammad Shafi etc. v. The State PLD 1967 SC 167 ref. (c) Penal Code (XLV of 1860)--- ----Ss. 302/34 & 323/34---Qanun-e-Shahadat (10 of 1984), Art. 133 Evidence---Cross-examination---Purpose and object---Purpose of cross­examination firstly is to test the credibility of a witness and then to bring true facts on the record which he has either not brought on the record or has deliberately concealed---Object of cross-examination is not to exhaust a . witness and in state of his helplessness to get something which a counsel, who is an expert on .the subject, intends to get---Such practice depricated by Supreme Court.--[Evidence--Cross-examination]. Muhammad Shari etc.…

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