Law:

Section:

(a) Witness------   --- Evidence Veracity of witness is judged not only from his individual statement but from his testimony taken in conjunction with all other facts brought out on record.    (b) Criminal trial-----   ---- Benefit of doubt Law does not provide that doubt should be created in favour of accused Accused, however, not to be deprived of its benefit if doubt is there.    (c) Witness------   -- Credibility   Testimony of witness trying to mislead Court May be safely ignored.   M. A. Zullah for Appellant.   Nemat Khan for A. G. for the State.   Dates of hearing : 14th and 15th November 1967. JUDGMENT KHATTAK, J. Muhammad Aslam, son of Ali Akbar, aged 26 years, was tried along with Raja, aged 22 years, son of Mir Haider, and Arsallah, aged 50 years, son of Amirullah, under sections 302/34 and 307/34, P. P. C. for the murder of Nurdad, Head Constable, and for firing at Mehdi Khan, foot constable. The learned Additional Sessions Judge, Rawalpindi, by his order dated 14 6 66, convicted Muhammad Aslam under section 302, P. P. C. and sentenced him to death. By the same order the co¬-accused of the condemned prisoner were acquitted of all the charges. Muhammad Aslam was also acquitted of the charge under section 307, P. P. C. He has appealed against his conviction and sentence. A reference for confirmation of the death sentence is also before us. 2. The State has appealed against the acquittal of Muhammad Aslam, Arsallah and Raja of the charge under section 307, P. P. C. and of Raja and Arsallah under section 302, P. P. C. A Bench of this Court by its order dated 19 1 1967 dismissed the State appeal against the acquittal of Arsallah and admitted it against Raja (respondent). This judgment will dispose of both the appeals and the murder reference. 3. The occurrence took place on 11 1 66 at 3 p.m. in the area of Police Post Naseer Abad, in front of Kohtnoor Mills, Rawalpindi, on the road side. The F. I. R. was made at 3 32 p: m. by Mehdi Khan F. C. (P. W. 15) on telephone, recorded by Ntsar Haider Shah, A. S. I. (P. W. 20), at Police Station Cantt., Rawalpindi, at a distance of four miles from the spot.…

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