Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to accused by Supreme Court to consider the question whether the impugned was in accordance with the principles of law as enunciated by Supreme Court. Per Khalil-ur-Rehman Khan, J.- (b) Penal Code (XLV of 1860)--- ----S. 302---Site plan, utility of---Site plan itself is not a substantive piece of evidence which could be used to contradict or discredit unchallenged evidence of the witnesses. Taj Muhammad v. Muhammad Yu suf and 2 others PLD 1976 SC 234 ref. Per Khalil-ur-Rehman Khan, J.; Munir A. Sheikh, J. agreeing--­S (c) Penal Code (XLV of 1860)--S. 302---Appraisal of evidence---Presence of eye-witnesses at the spot being natural, could not be doubted---Ocular testimony inspired confidence and was corroborated by medical evidence, evidence of motive and abscondence of accused for a period of three years---Prosecution witnesses had no animus against the accused for his false involvement in the case---No mitigating circumstance being available in favour of accused, death penalty was the only legal punishment for him---Conviction and sentence of accused were upheld in circumstances. Taj Muhammad v. Muhammad Yusuf and 2 others PLD 1976 SC 234 ref. Per Wajihuddin Ahmed, J.--- (d) Penal Code (XLV of 1860)--- ----S. 302---Appreciation of evidence---Site plan, utility of---Site plan, no doubt, cannot be used as a substantive piece of evidence to destroy the testimony of eye-witnesses which has otherwise gone unchallenged, but when challenge to such witnesses is clearly thrown, the prosecution's own version in an exhibited site plan can surely be used to test the veracity of the evidence tendered by the State. Taj Muhammad v. Muhammad Yusuf and 2 others PLD 1976 SC 234 ref. Per Wajihuddin Ahmed, J. Contra--- Muhammad Tahir Khan v. State 1983 SCMR 1169 and Nawazish Ali v. State 1985 PCr.LJ 1712 ref. ORDER KHALIL-UR-REHMAN KHAN, J.---Taj Ali, convict who was awarded death sentence by learned Additional Sessions Judge-II, Peshawar vide judgment, dated 25-1-1994, which sentence was confirmed by a Division Bench of Peshawar High Court, Peshawar vide…

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