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

Section: 22

Law: Pakistan Penal Code, 1860

Section: 302,34

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 22---Identification test of accused---Long delay in holding such test---Effect---Mere such delay by itself would neither be sufficient to discard testimony of eye-witness nor fatal to prosecution case. Arif Masih and another v. The State PLD 2001 SC 398; Lal Singh and others v. State of Uttar Pradesh 2003 INSC 506; Vikram Singh v. Raj Singh 1998 SCC (Cr1.) 578 and Vikram Singh v. Raj Singh (1973) 3 SCC 896 rel. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Appreciation of evidence---Commission of charged offence by accused stood proved beyond reasonable doubt through ocular testimony of eye-witnesses, identification test and medical evidence---Nothing was available on record to show that such prosecution witnesses and police had any animus against accused---Recovery of crime-empties from spot, if excluded from consideration, even then the case against accused stood proved beyond reasonable doubt---Conviction and sentence awarded to accused by Trial Court was maintained in circumstances. JUDGMENT HAMID ALI MIRZA, J.--- This criminal appeal with leave of this Court is directed against judgment dated 21-2-2000 in Criminal Appeal No.109/J of 1999 passed by the Lahore High Court, Lahore, whereby the said appeal was dismissed and judgment of conviction dated 27-7-1999 passed by learned Additional Sessions Judge, Gujrat, was maintained, thereby accused Sohail Ahmad, Muhammad Zaman, Maqsood Ali and Faryad Ahmed were convicted under section 302(b)/34, P.P.C. and sentenced to life imprisonment with a fine of Rs. ten thousand and in default S.I. for three months' each and they were also convicted under section 324/34, P.P.C. and sentenced to 10 years' R.I., each, so also under section 395, P.P.C. to seven years' R.I. each and sentences passed were ordered to run concurrently, extending benefit of section 382-B, Cr.P.C. which conviction and sentences were also affirmed by the learned Single Judge of the Lahore High Court. 2. Brief facts of the case are that the appellant Muhammad Zaman and convict co-accused Sohail Ahmed, Maqsood Ali and Faryad Ahmed were charged that they all were armed with tare-arms in the Nurpur Padday…

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