Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302 --- Constitution of Pakistan (1973), Art.185(3) --- Leave to appeal was granted by Supreme Court to examine the contention that the case according to the F.I.R. being one of simultaneous firing by two persons, the eye-witnesses could not say whose shot had hit the deceased, case of the accused could not be distinguished from that of acquitted co-accused, particularly when the latter had been assigned the additional role of raising "Lalkara". (b) Penal Code (XLV of 1860)--- --S. 302 --- Appraisal of evidence --- Prosecution witness whose deposition was quite natural and substantially confidence inspiring had categorically stated that the carbine fired by accused had caused head injury to the deceased --- Testimony of the said witness coupled with other corroborative evidence and circumstances had established beyond reasonable doubt the guilt of accused by connecting him with the crime alleged against him --- Principal of consistency, thus, could not be endorsed in blind-folded manner on the available material and peculiar facts of the case --- Conviction of accused was upheld accordingly --- Prosecution having assigned a specific strong motive to accused and then failing to establish the same, sentence of death awarded to accused was commuted to imprisonment for life with benefit of S.382-B, Cr.P.C. Darya Khan v. The State 1972 SCMR 578; Muhammad Ilyas v. The State 1993 SCMR 1602 and Noor Muhammad v. The State PLD 1977 SC 507 ref. (c) Penal Code (XLV of 1860)--- ----S. 302 --- Appreciation of evidence --- Rule of consistency --- Not an established principle that once an co-accused is rightly or wrongly acquitted by a Court, the other automatically becomes entitled to the same treatment in appeal by pressing the plea of consistency irrespective of the state of the evidence on record against him---Mandatory for the Appellate or Revisional Courts when confronted with such a situation to examine the distinct features of evidence against each accused and took for independent corroboration, if necessary, and not blindly follow the rule of consistency --- Such exercise Would avoid miscarriage of justice. Darya Khan v. The State 1972…

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