Law: Pakistan Penal Code (XLV of 1860)

Section: 302/34

(a) Penal Code (XLV of 1860)------ S. 302/34 --- Appreciation of evidence --- Extreme enmity based on election rivalry, existed between the parties --- Prosecution case was entirely founded on ocular evidence of two highly interested witnesses; one of them was real brother of deceased while the other one was an old servant of father of deceased --- No implicit reliance thus could be placed on testimony of such inimical and partisan witnesses unless there was a corroboration in some material particulars as to facts of crime and connecting accused with commission thereof --- No recovery had been made in case, even blood-stained earth was not taken into possession from place of occurrence---No crime empty was collected and weapon of offence was also not recovered from accused --- High Court had followed principles for appreciation of evidence in the case and analysed material on record properly--� Reasons given by High Court in setting aside conviction and sentences of .accused persons giving them benefit of doubt, were well grounded --- Grounds on which High Court proceeded to acquit accused persons, being quite supportable from evidence on record, it could not be held that findings rendered and order of acquittal passed by High Court were shocking and unreasonable and could be set aside by Supreme Court.Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11 ref.(b) Penal Code (XLV of 1860)----- S. 302/34 --- Appreciation of evidence --- Sentence of conviction on capital charge had to rest wholly on ocular evidence which must be of an unimpeachable character --- When evidence was offered by witnesses whose independence was not above board rather they were inimical towards accused, their testimony had to be scrutinized cautiously, in the light of surrounding circumstances of case, before fixing responsibility on accused --- Testimony of two eye-witnesses had been found tainted with partisanship and wrought with inherent infirmities casting doubt on truthfulness of charges against accused --- Basing conviction on uncorroborated testimony of such witnesses would not be conducive to safe administration of justice.JUDGMENT MUHAMMAD AFZAL LONE,…