Law: Pakistan Penal Code, 1860

Section: 302

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art. 185(3)---Presence of eye­witnesses at the scene of occurrence had been believed by the two Courts below for very valid reasons---Visual identification of the accused in the light of the electric bulb by the eye-witnesses could not be disregarded as they had an absolutely unobstructed view of the accused who was standing in the open compound at the time of commission of the offence---Medical evidence was not in conflict with the ocular testimony---Hatchet having been recovered from a deserted place three to four miles away from the scene of occurrence, making of "Masheer" from the witnesses accompanying the police officer was not open to any exception---In the absence of any misreading or non-reading of evidence on record by the two Courts below it was not open to Supreme Court to substitute its own conclusion for those recorded by lower Courts---Acquittal of co-accused was based on the principle of safe administration of criminal justice as none of the witnesses had seen him giving blows to any of the three deceased in the case---Leave to appeal was refused to accused in circumstances. Muhammad Arshad v. The State PLD 1995 SC 475 ref. (b) Penal Code (XLV of 1860)--- ----S. 302---Appreciation of evidence---Identification of accused in a dark night in the light of an electric bulb or lantern---Relevant considerations are, the availability of sufficient light, the opportunity available to the witness to have a close look or a dialogue with the accused, the intimacy of the accused with the witness, the availability of an unobstructed view of the accused to the witness at the time of commission of offence, which will determine the quality of evidence in each case.---[Identification]. Muhammad Arshad v. The State PLD 1995-SC 475 ref. M. Ibrahim Satti, Advocate Supreme Court for Petitioner. A.-G., Punjab (absent) for the State. Date of hearing: 17th November, 1996 JUDGMENT SAIDUZZAMAN SIDDIQUI J.--The petitioner alongwith Muhammad Ramzan son of Mahmud was tried for murders of Mst. Farzana, Mst. Kaneez and Mst. Zohran under section 302/34, P.P.C.. The trial Court acquitted co-accused Muhammad…

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