Law:

Section:

Pakistan Penal Code, 1860 (XLV of I860)-- ----Ss. 302(b)/148 & 149--Appreciation of evidence--`Close relationship'--Long standing enmity between the parties--Presence of PWs at the spot at relevant time had fully been proved--Accused was the brother-in-law of proclaimed offender and on account of close proximity of the relationship between the two and their long-standing enmity with the complainant side; his participation in the occurrence in support of proclaimed offender, could not be doubted--Contention that accused had been falsely implicated in the case due to close relationship with proclaimed offender, carried no weight--Occurrence was an outcome of long-standing enmity which existed between the parties--Motive as alleged by prosecution was not denied by the defence and enmity between the parties was an admitted fact--Ocular evidence was fully supported by medical evidence as injuries mentioned on the body of deceased tallied with ocular account to the extent of number of accused, weapons used and manner in which said injuries were sustained by deceased--No inconsistency was found between the ocular account and medical evidence--Weapon of offence though could not be recovered from accused, but one crime-empty of .8 mm rifle was recovered from the spot by the police, which had established his presence at the spot--Prosecution had proved ocular account to the extent of accused which was duly corroborated by the motive, medical evidence and recovery of crime empty--Statements of the eye-witnesses could not be discarded merely on the ground that they were related inter se and were inimical towards the accused persons--Accused and other co-accused had a motive to launch an attack on the complainant party as a result of which deceased was murdered--Appeal of accused was dismissed and conviction and sentence awarded to accused by the trial Court through impugned , was maintained. [Pp. 458, 459, & 460] A, B, C, D, E & F Judgment Muhammad Arif appellant through this Criminal Appeal No. 811 of 2002 assails the judgment, dated 30-3-2002 passed by the learned Additional Sessions Judge, Mandi Bahauddin, in case F.I.R. No. 172 dated 16-7-1996 for offences…

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