Law: Pakistan Penal Code, 1860

Section: 302,302(b),324,34

Law: Constitution of Pakistan, 1973

Section: 189,201,203GG

Law: Criminal Procedure Code (V of 1898)

Section: 342,364(2),537

(a) Penal Code (XLV of 1860)-------S. 302---Criminal Procedure Code (V of 1898), Ss.342, 364(2) & 537---Certificate on statement under S.342, Cr.P.C., non-availability of---Accused did not allege that their statements were not recorded in their presence during hearing of the case or that the Court did not put questions to them or that they did not give any replies to the questions or the Court did not record the replies at all or recorded the replies improperly or that the accused did not put their signatures on their statements or that the Court did not sign the same or that the record did not contain the full and true disclosure of their statements ---Effect--�Absence of such objections coupled with the signatures of the accused and of the Judge on the statements was by itself proof that the same were recorded in the presence and hearing of the Court and the record contained the full and true account of the statements of the accused---If any of such objections could have been raised, then the objections could have been considered and resolved---In absence of such objections merely non-availability of the certificate which might be due to inadvertence, ignorance, mistake or any other bona fide reason did not amount to any illegality---Non-availability of such certificate was merely an irregularity, which could be cured under S.537, Cr.P.C.--�Non-availability of such certificate had neither misled nor prejudiced the accused nor occasioned failure of justice an circumstances. Shah Nawaz v. State PLD 1986 FSC 242 ref.(b) Constitution of Pakistan (1973)-------Arts. 189, 201 & 203-GG ---Decision of Full Bench---Effect---Decision of Full Bench prevails upon the decision of Division Bench. Muhammad Kalam v. State 1999 MLD 55; Nadir Khan v. State 2002 MLD 1873; The State v: Ajab Criminal Petition No.86-K of 2001; Liaqat Ali v. State 2002 PCr. LJ 230 and Hazrat Jamal v. State PLD 1958 SC 383 ref.(c) Penal Code (XLV of 1860)-------S. 302(b)---Appreciation of evidence---Ocular account supported by medical evidence---Evidence of eye-witnesses was corroborated by medical evidence which showed that the deceased had received firearm injuries and died…