Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider the contentions that all the three co-accused had been acquitted by the Courts below on the same evidence on which the accused had been convicted, whether ocular evidence against the accused was of chance witnesses and whether the same was corroborated; whether medical evidence was in conflict with ocular evidence, and whether attribution of specific role to any of the assailants amounted to corroboration of the evidence. (b) Penal code (XLV of 1860)--- ----S. 302---Appreciation of evidence---Corroboration of interested testimony--­Principles---Independent witness is not necessarily required to support the statements of interested witnesses which can be corroborated by anything in the circumstances of the case satisfying a reasonable and prudent mind that the witnesses have spoken truth about the accused. -[Evidence] . Ata Muhammad v. The State 1995 SCMR 599 ref. (c) Penal Code (XLV of 1860)--- ----S. 302---Constitution of Pakistan (1973), Art.185---Appraisal of evidence--­Case set up by prosecution against accused and the co-accused acquitted by High Court was at par---Acquittal of co-accused had not been challenged either by the State or by the complainant---No rationale was available before High Court for maintaining the conviction and sentence of the accused---Accused was acquitted accordingly. Ata Muhammad v. The State 1995 SCMR 599 and Rehmat v. The State 1995 SCMR 733 ref. Sardar Muhammad Latif Khan Khosa, Advocate Supreme Court for Appellant. Anwar Raza, Advocate Supreme Court for the State. Date of hearing: 30th November, 1996. JUDGMENT SAIDUZZAMAN SIDDIQUI, J.---The appellant alongwith Azizullah, Sanaullah and Amir Abdullah sons of Haq Nawaz was put on trial before the Additional Sessions Judge, Khanewal, under section 302/34, P.P.C. for committing murder of Amanullah son of Habib Khan. The trial Court acquitted Sanaullah and Amir Abdullah in the case, but found the appellant and Azizullah guilty of the offence under section 302;34, P.P.C. and accordingly convicted them and sentenced them to death in addition to sentence of fine…

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