Law:

Section:

(a) Penal Code (XLV of 1860)------ S.302/34 --- Constitution of Pakistan (1973), Art. 183(3)---Leave to appeal was granted to accused to examine whether there was sufficient evidence as required by law to uphold his conviction and sentence and also to complainant to consider whether the sentence of co-accused should not be enhanced to death and whether compensation should not be paid by accused and co-accused in addition to fines imposed as part of their substantive sentences. (b) Penal Code (XLV of 1860)--- ---- S.302/34 --- Re-appraisal of evidence --- Complainant allegedly identifying the two assailants in an identification parade after 18 days of the occurrence--­ Statement of complainant at the trial appeared to be an improvement over that made in the F.I.R.---Possibility of the complainant being able to clearly see what transpired 240 feet away from the point he happened to be was almost remote--­ Possibility of complainant being able to clearly see with any degree of exactitude, the features of the two assailants when they allegedly passed him by on a motor­ cycle in that fleeting and momentary epoch of time, appeared to be almost nil--­ Complainant himself having stated that he never saw the two assailants in any standing posture near the place of occurrence at or about the time he heard the fireshot, could not have noted their build or height --- Even remotest possibility did not exist that the complainant could have been able to see or even give any form of description of the two assailants who passed by him on a motor-cycle, as alleged by him, muchless to have been able to identify them at any later stage 18 days after the occurrence --- Held, complainant though had no enmity with any of the two accused or any motive to implicate them falsely, the fact still remained that the acid test of his veracity was the inherent merit of his own statement and not the fact that he was not related to the deceased or inimical to the accused--­ Testimony of and identification of the two accused by the complainant being unnatural and having hardly any basis in truth was liable to be rejected in circumstances. Bashir Ahmad v. Muhammad Azam P L D 1969 SC 469 ref. (c)…

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