Law: Pakistan Penal Code, 1860

Section: 302,34,324

Law: Criminal Procedure Code (V of 1898)

Section: 544A

(a) Penal Code (XLV of 1860)--- ----Ss. 302/34 & 324---Appreciation of evidence---Mere existence of relationship between the deceased and the witness would not make the prosecution witnesses as interested witnesses---Omission by the complainant P to mention a .12 bore gun in the F.I.R. was not fatal to the prosecution case as he could not be expected to reproduce the occurrence with a photo­genic memory---Complainant had been fully supported by other two eye­witnesses and they had given a coherent and consistent version of the occurrence ---F.I.R. had been lodged within a reasonable time keeping in view the distance between the place of incident and the police station Complainant and the deceased being the nephews of the accused, there was no reason for false implication or substitution---Sale or purchase of land in the backward agrarian society mostly acted as motive for murders---Accused had been arrested close to the spot with the shot gun which was matched with the four crime empties according to the positive report of the Forensic Science Laboratory---Old age of accused was of no avail to him because his participation in the occurrence was established by the injury on his person and his report made to the police against the complainant party---Accused alongwith his son had mercilessly murdered three real brothers for the sake of a piece of land and he had already been dealt with leniently in the matter of sentence---Convictions and sentences of accused were upheld in circumstances. (b) Penal Code (XLV of 1860)--- ----- S.302/34---ApPr~iation of evidence---Interested witness---Relationship b itself is not a valid ground for discarding or rejecting the testimony of a witness---Courts however, is under an obligation to scrutinise the statement of the interested witness with care and caution and if the same is found to be intrinsically reliable or inherently probable then it is sufficient for conviction. (c) Penal Code (XLV of 1860)----- ----S. 302/34---Number of witnesses---Prosecution is not required by law to produce each and every person who had witnessed the occurrence. (d) Criminal Procedure Code (V of 1898)--- ----S. 544-A---Compensation to the…

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