Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 103,164,382-B,544-A

Leave to appeal was granted by Supreme Court to consider whether eye-witness (father of deceased) was present on the spot and had witnessed the occurrence because according to F.I.R., he was attracted to the spot on hearing, alarm raised by the complainant: whether the eye-witness (father of deceased) had not taken any step either to rescue the deceased from the clutches of accused or to apprehend the accused and whether incriminating recovery also needed scrutiny inasmuch as the complainant and accused had allegedly ran away from the spot along with the weapon of offence, accused was arrested on 11-7-1997 and the weapon of crime was recovered on 16-7-1997 from an unlocked trunk lying in his room. Reappraisal of evidence---Interested witness---Solitary statement of eye-witness---Eye-witness was father of deceased lady and was living in separate house at some distance from the place of occurrence---According to F. I. R:, the eye-witness was present at the spot at the time of occurrence---Complainant, who was real brother of accused, during trial resiled from his statement but on the solitary statement of eye-witness, accused was convicted and sentenced to life imprisonment by Trial Court, which was maintained by High Court---Plea raised by accused was that the eye-witness was not present at the place of occurrence and he was interested witness---Validity---Accused and complainant being real brothers were living in same house in separate rooms with common courtyard---Complainant had admitted his signatures on the statement made by him before Investigating Officer, which statement was converted into F.I.R.---Investigating Officer, stated that he recorded statement of complainant shortly after the occurrence, wherein -name of father of deceased as eye-witness was mentioned---Presence of father of deceased was established at the spot and mere fact that he was father of deceased or that he was also witness of recovery of weapon of offence, was not sufficient to call him a partisan or an interested witness to discard his evidence---No reason was available to disbelieve such most natural truthful witness---In the light of unimpeachable character of testimony of father…

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