Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art.185(3)---Contentions were that since admittedly enmity existed between the parties, in the absence of any reliable corroborative evidence conviction of accused could not be maintained and that without any reliable corroborative piece of evidence against the accused distinguishing his case from that of acquitted co-accused, his conviction could not have been recorded---Leave to appeal was granted by Supreme Court to consider as to whether the conviction and sentence of accused were sustainable keeping in view such factual background. (b) Penal Code (XLV of 1860)--- ----S. 302---Constitution of Pakistan (1973), Art.185---Appraisal of evidence--­F.I.R. had been lodged by the deceased without any delay which had excluded the possibility of deliberation, consultations or attempts to implicate the unconnected persons---Eye-witnesses who otherwise were related to deceased were found to have accompanied him---Ocular version was supported by the medical evidence as well as by the statement of the deceased contained in F.I.R., which had been rightly treated as dying declaration----Testimony of eye­witnesses had unambiguously attributed to accused an active role of causing fire­arm injury to deceased making his case distinguishable from that of acquitted co-accused to whom no overt act had been assigned---Impugned not suffering from any material defect or legal infirmity, appeal was dismissed by Supreme Court. Muhammad Sharif v. State 1997 SCMR 866 distinguished. Muhammad Ashraf v. State PLD 1977 SC 538; Abdul Subhan v. Raheem Bakhsh PLD 1994 SC 178; Abdul Hamid v. State 1969 SCMR 302; Shahzado v. State PLD 1977 SC 413; Nemat Ali v. State 1981 SCMR 61; Sakin Muhammad v. State 1977 SCMR 83; Muhammad Khan v. Zakir Hussain PLD 1995 SC 590 and Muhammad Ahmad v. State 1997 SCMR 89 ref. (c) Penal Code (XLV of 1860)--- ----S. 302---Appreciation of evidence ---Promptly lodged F.I.R.---Effect---F. I. R. lodged with promptitude excludes the possibility of deliberations, consultations or attempts to unnecessarily implicate unconnected persons. Muhammad Ashraf v. State PLD 1977 SC 538 and Abdul Subhan v.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492