Law:

Section:

(a) Constitution of Pakistan (1973)--Art.185(3)---Penal Code (XLV of 1860), S.302---Leave to appeal was granted to consider whether the well-established principles relating to the appreciation of evidence in criminal cases specially regarding the evidence of "last seen alive together" have been correctly applied by High Court and also the effect of the omission to put such piece of evidence against the accused to him while recording his statement under S.342, Cr.P.C. (b) Penal Code (XLV of 1860)-- -----S.302---Criminal Procedure Code (V of 1898), S.342---Evidence, appreciation of---Accused was convicted on the basis of last seen evidence---No corroboration regarding last seen evidence was forthcoming---Circumstance of last seen was not even put to accused when he was examined under S.342, Cr.P.C.---Conviction of accused in circumstances, held, could not be maintained---Accused was acquitted in circumstances. In re: Karamatullah Khan PLD 1972 SC 15; Nazo alias Ali Nawaz v. The Stat"977 SCMR 20 and Rehmat alias Rhaman alias Waryam alias Badshah v. The State PLD 1977 SC 515 ref. JUDGMENT ABDUL SHAKURUL SALAM, J.---This appeal by leave arises on the following circumstances:-- 1. According to prosecution case in the night between 3/4-9-1984, Muhammad Ramzan, complainant (P.W. 1), his brothers Muhammad Azam and Muhammad Anwar (deceased) alongwith their family members were sleeping in their house. They heard knocking at the door. He and his brothers woke up. He called out who was outside. The person outside replied that he was Munawar Hussain alias Asghar Ali, a friend of Muhammad Anwar. He be sent out. He and his brothers came out. Munawar Hussain (appellant) said that he was taking Muhammad Anwar with him. Muhammad Anwar while going, asked the door to be kept open as he would be coming back. They were half asleep when they heard about 1'O clock sound of firing from the road side. He and his brother Muhammad Azam came out but could see nothing. Both the brothers went back to sleep. About morning prayer time, he, his brother Muhammad Azam and cousin Rehmat Ali went out to ease, they saw at the metalled road their brother Muhammad Anwar lying in blood. Some unkown…

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