Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302---Appreciation of evidence---Related or interested witnesses, credibility of---Neither the relationship of the witnesses with the deceased nor that of the prosecution witnesses inter se, nor in the appropriate cases even their being the interested witnesses, provided an, ultimate guidance for according credence to their testimony---Inherent worth of evidence of a witness ultimately determines his reliability. Niaz v. State PLD 1960 SC 387; Nazir Hussain v. State PLD 1965 SC 188 and Aslam and another v. The State 1997 SCMR 1284 ref. (b) Penal Code (XLV of 1860)--- ----S. 302---Constitution of Pakistan (1973), Art. 185(3)---Testimony of eye­witnesses, who were closely related to the deceased and were somehow interested witnesses, had received ample support from the statement of a Police Constable who alongwith a Head. Constable had apprehended the accused with the pistol (crime weapon) from near the place of occurrence---Two empties recovered from the spot which, on examination by the Forensic Science Laboratory, had matched with the crime weapon, had also corroborated the ocular testimony---Eye-witnesses had, therefore, been rightly held as worthy of reliance by the Courts below and the impugned did not suffer from any infirmity whatsoever---knave to appeal was consequently declined to accused by Supreme Court. Niaz v. State PLD 1960 SC 387; Nazir Hussain v. State PLD 1965 SC 188 and Aslam and another v. The State 1997 SCMR 1284 ref. (c) Witness---- -----"Interested witness"---Interested witness is the one who has an animus for the false charge. M. Amin Khattak, Advocate Supreme Court instructed by Fateh Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 5th August, 1999. ORDER MUHAMMAD BASHIR JEHANGIRI, J.---Raqib Khan petitioner seeks leave to appeal against the judgment of Peshawar High Court, Peshawar, dated 2-2-1999 whereby Criminal Appeal No. 169 of 1996 filed by the petitioner against his conviction under section 302, P.P.C. and his sentence to imprisonment for life, payment of compensation amounting to Rs.30,000 to the legal heirs of the deceased or in default to undergo simple…

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