Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to appraise the evidence for proper administration of criminal justice in order to appreciate the contention that out of the. two eye-witnesses only one having admitted enmity with the accused was examined whose testimony was in conflict with the medical evidence and who could not be believed for lack of independent corroboration. (b) Penal Code (XLV of 1860)--- ----S. 302---Appraisal of evidence---Eye-witness was an interested witness having motive to involve the accused in the case who was also capable of implicating innocent person in the case calling for a capital punishment--Prosecution version given by the said eye-witness was not only in conflict with the medical evidence, but was not even corroborated by the recovery of the crime weapon---Even if the presence of eye-witness at the scene of offence was accepted, his evidence could not be accepted without corroboration from some independent piece of evidence on account of his interested character as a witness, which was wanting in the case---Accused was acquitted in circumstances. Niaz v. State PLD 1960 SC (Pak.) 387 and Nazir and others v. State PLD 1962 SC 269 ref. Malik Saeed Hassan, Senior Advocate Supreme Court and Sh. Muhammad Naeem, Advocate Supreme Court for Appellant. Javed Aziz Sandhu, Advocate Supreme Court for the State. Dates of hearing: 7th and 8th May, 1997. JUDGMENT SAIDUZZAMAN SIDDIQUI, J.---The above criminal appeal with the leave of this Court is filed against the judgment of a learned Judge in Chambers of Lahore High Court dated 21-12-1993. Leave was granted to consider the following contention of the appellant:-- "3. Mr. Malik Saeed Hassan the learned Advocate Supreme Court contended that according to the prosecution there were two eye­witnesses namely Allah Ditta son of Rehmat and Zulfiqar son of Murid but only Zulfiqar P.W.8 was examined. It was further contended that P.W.8 admitted enmity with the accused and further that his testimony was in conflict with the medical evidence. It was pointed out that according to his statement, the petitioner fired at Nasar which hit…

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