Law:

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(a) Penal Code (XLV of 1860) S. 302 Constitution of Pakistan (1973), Art. 185 (3) Leave to appeal was granted to consider the contentions whether High Court was justified in observing that since one of the prosecution witnesses was not cross examined, his statement was to be accepted and further that according to the prosecution the occurrence took place at 11 00 a.m. while the medical evidence showed that dead body was received at the mortuary which was situated at a distance of 12 miles from the place of occurrence at 11 00 a.m., therefore, the claim of the eye witnesses having seen the incident did not seem to be correct. (b) Penal Code (XLV of 1860) S. 302 Appreciation of evidence Cross examination of witness Effect ¬If the testimony of witness had been consistent and there had been no material contradiction which could discredit his testimony that was sufficient to believe the words of the witness Court was to see how effective the cross--examination had been and whether it had discredited and unsettled the witness or such incriminating material in cross examination had been brought on record which discredited the testimony of the witness. (c) Penal Code (XLV of 1860) S. 302 Appreciation of evidence Only allegation against the co accused was that it was at their instance that murder had been committed Co accused were not alleged to be present at the site Convictions could not be made on such allegation. (d) Penal Code (XLV of 1860) S. 302 Appreciation of evidence Eye witnesses though related to the deceased but were not inimical to the accused Mere relationship of witnesses with deceased would not discredit them particularly if they had made consistent statement and had not been shaken in cross examination. JUDGMENT SALEEM AKHTAR, J. The appellant with the leave of the Court challenges the judgment of the learned Judges of the High Court, whereby death sentence under section 302, P.P.C. was confirmed. 2. Briefly the facts are that on 29 9 1988 at 11 a.m. deceased Muhammad Anwar Khan was proceeding to attend "Dars" of Holy Our an in Chak No. 519GB and he was being followed by Sarwar Khan complainant. Mushtaq Ahmad and Asghar Khan. The deceased was ahead of…

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