Law: Pakistan Penal Code, 1860

Section: 302,149,307,149,452,000,000

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)--- ---- Ss. 302/149. 307/149, 452/149 & 148 --- Conflict in ocular testimony and medical evidence --- Minor difference or variation in the ocular version and medical report does not have any material significance or bearing on merits of the case --- Casual discrepancies or conflicts appearing in medical evidence and ocular version are quite possible for variety of reasons --- Momentary glance during turmoil when live shots are fired, witnesses make only tentative assessment about where such fire shots appear to have landed and it becomes highly improbable to mention their location with exactitude. (b) Penal Code (XLV of 1860)--- ---- Ss. 302/149. 307/149, 452/149 & 148 --- Constitution of Pakistan (1973), Art. 185(3) --- Medical evidence had predominantly corroborated broad details of injuries suffered by deceased at the hands of accused --- Ocular evidence being confidence inspiring was to prevail and trivial difference in medical evidence was to give way without having adverse impact --- Mere relationship or other close connection of prosecution witnesses with complainant party, by itself, could not be sufficient to cast doubt on their credibility --- Incident had taken place in the house of the deceased where the inmates were sitting empty-handed busy in routine talk when the accused fired on them indiscriminately causing death of four defenceless and innocent persons --- Accused, therefore, were not entitled to concession even in the matter of 'sentence --- Convictions and sentences of accused were upheld in circumstances and leave to appeal was declined. Muhammad Nawaz v. State 1994 SCMR 1614; Mithu v. State PLD 1972 Kar. 553; Allah Bux v. State 1969 PCr.LJ 251; Mukhtar Hussain v. State 1985 SCMR 479; Liaqat Shah v. State 1985 SCMR 1415; Mst. Nooran v. Altaf Hussain 1990 SCMR 413 and Sher Hassan v. State PLD 1959 SC 480 ref. JUDGMENT MUNAWAR AHMED MIRZA, J.---This petition for leave to appeal is directed against judgment dated 22-10-1996 passed by Lahore High Court, whereby Criminal Appeal No.747 of 1992 filed by petitioners was dismissed and Murder (sic). 2. Occurrence had taken place on 8-9-1990 at about 8.00 p.m. in…

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