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 contentions that no implicit reliance could be placed on the ocular evidence in the absence of any independent corroboration which was not forthcoming from the record and that medical evidence had belied the ocular testimony. (b) Penal Code (XLV of 1860)--- ----S. 302---Appreciation of evidence---Principles---Neither a rule of law nor an inflexible principle of universal application that the deposition of an interested witness must, in all circumstances, be discarded if uncorroborated by other evidence---Law also does not require that the testimony of a disinterested and independent witness must in all events be accepted---Every criminal case must be adjudged on its own facts and intrinsic probative value of the evidence of a witness must be considered and taken into consideration for conviction. Roshan and 4 others v. The State PLD 1976 SC 557 ref. (c) Penal Code (XLV of 1860)--- ----S. 302---Appraisal of evidence---Ocular account of the incident as against the accused was consistent and truthful which was supported by the medical report---Evidence of eye-witnesses against the accused could not be discarded merely because the co-accused could not- be convicted on the basis of such evidence who had not been attributed any, active role in the commission of the offence---Charge against the accused was that he had fired at the deceased hitting him on back of chest which resulted in his death---Finding of Courts below did not suffer from any legal flaw, misreading or non-reading of any material evidence---Conviction and sentence of accused were upheld accordingly. Roshan and 4 others v. The State PLD 1976 SC 557 ref. JUDGMENT ABDUR REHMAN KHAN, J.---The appellant alongwith four others, was charged in F.I.R. No.275 lodged by Haider Beg (P.W.6) on 16-5-1991, in Police Station Civil Lines, Gujrat, for the murder of Adalat Beg. All the five accused were tried by the learned Additional Sessions Judge, Gujrat, and by judgment, dated 11-8-1993, the appellant was found responsible for the murder of Adalat Beg and while…

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