Law:

Section:

(a) Penal Code (XLV of 1860)-------S.302/34---Constitution of Pakistan (1973), Art.185(3) --Leave to appeal was granted to consider whether recovery of gun and alleged abscondence of accused formed sufficient corroboration of tainted ocular evidence. (b) Penal Code (XLV of 1860)-- ---Ss.302/34---Appreciation of evidence---Eye-witnesses although were not interested witnesses in classical sense, but since their eye version account was in direct conflict with medical evidence, same could not be relied upon unless corroborated by strong independent and unimpeachable circumstantial evidence---Gun in question was recovered four days after arrest of accused from Kotha of present accused at joint pointation of both accused including the acquitted accused which could have been placed there either by acquitted accused or anyone else---Investigating Officer had admitted that he had kept gun and the empty sealed in police station for four days after recovery---Mere recovery of a gun with an empty cartridge in it would not thus necessarily connect accused with offence---No cartridge was even found at the spot with which gun could have been matched to connect the same with crime---No evidence had been brought on record to prove abscondence of accused from village after the occurrence---Motive as set up by prosecution was also not proved---Case against accused, held, was not free from doubt---Accused was acquitted in circumstances. JUDGMENT ALI HUSSAIN QAZILBASH, J.--This is an appeal by leave against the judgment of a learned Division Bench of the Peshawar High Court, dated 27-2-1979. 2. The appellant alongwith his brother Akram Khan was tried for the murder of Anjar Khan, his co-villager. Both were convicted under section 302/34, P.P.C. and sentenced to imprisonment for life by the learned Additional Sessions Judge, Bannu on 15-10-1978. On appeal, the High Court, as per the impugned judgment, acquitted Akram Khan but maintained the conviction and sentence of Wreshmeen Khan appellant. 3. According to the version of the prosecution, on 12-2-1978 at morning meals time, Anjar Khan was heading towards his house and as soon as he reached near the house he was fired upon, one shot…

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