Law: Pakistan Penal Code, 1860

Section: 34,302

Law: Pakistan Penal Code, 1860

Section: 34,302

Law: Qanun-e-Shahadat (10 of 1984)

Section: 59

Law: Constitution of Pakistan, 1973

Section: 185

(a) Penal Code (XLV of 1860)------- S. 302---Constitution of Pakistan (1973), Art.185---Appellate jurisdiction of Supreme Court---Concurrent findings of guilt recorded by the Courts below---Scope---Supreme Court does not normally interfere in a situation, where both the Courts below have recorded concurrent findings as to the guilt of accused---When Supreme Court is satisfied that findings of the Courts below have been arrived at by disregarding any provision of law or accepted principles of appreciation of evidence or are based on inadmissible evidence or misreading of evidence, then such concurrent conclusion lose their sanctity. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Reappraisal of evidence interested witness---Mitigating circumstances---Concurrent findings of guilt recorded by the Courts below---Interference by Supreme Court---Two accused were acquitted by Trial Court while other two were convicted and sentenced to life imprisonment---Conviction and sentence of said two accused was maintained by High Court---Plea raised by accused was that the only eye-witness was the real brother of deceased who was inimical towards them and was not present at the time of occurrence---Validity---Deceased had twenty-five injuries out of which eighteen were entry wounds---Besides deceased, the eye-witness was also challaned in the case of murder of brother of accused---If the eye-witness would have present on the spot, he was not likely to be spared because the number of injuries on the person of deceased showed that at least eighteen rounds were fired, which only showed the degree of venom the killer had for the deceased---Number of injuries on the person of deceased also led to believe that more than one person had participated in the occurrence, as it was unnatural and improbable that if the eye-witness was present at the spot, he was not targeted---Another reason to doubt presence of the eye-witness was that on the same evidence co-accused were acquitted---Yet another reason which persuaded to agree with the contention of accused was that in the F.I.R. except `Lalkara' no other role was attributed by the eye-witness to one of the acquitted accused but during…

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