Law:

Section:

(a) Penal Code (XLV of 1980)--- ---S.302---Recovery of tire-arms at the instance of accused and recovery of empties from the spot---Effect---Where report of Ballistic Expert was negative, recovery of the fire-arms and the empties was of no use to the prosecution. (b) Penal Code (XLV of 1860)--- ----S.302---Related witness---Ocular account was furnished by sons and widow of the deceased---Contention -of the accused was that the eye­witnesses could not be relied upon because of their relationship with the deceased---Validity---Close relation of the deceased could also be a truthful witness and worth reliance---Supreme Court did not accept the contention of the accused in circumstances. (c) Penal Code (XLV of 1860)--- ----S. 302---Reappraisal of evidence---Benefit of doubt---Non-matching .of crime empties recovered from spot with the weapon recovered from the accused---Trial Court convicted all three accused persons and sentenced them to the imprisonment---High Court allowed appeal of two accused persons who were acquitted while the sentence of the third accused was maintained--.­Validity-In absence of a very strong corroboration, it would not be possible to rely upon testimony of those eye-witnesses who stood belied qua the participation of other accused---Recovery of gun at the instance of accused could not be connected with the occurrence as empties recovered from the spot did not match with the gun---Where the prosecution was not able to establish its case beyond reasonable doubt against the accused, conviction and sentence was set aside by Supreme Court and the accused was acquitted. (d) Witness--- ---- Closely related witnesses---Evidentiary value in a murder case --- Close relation of deceased can also be a truthful witness. JUDGMENT RASHID AZIZ KHAN, J.---Facts leading to the tiling of this appeal, with the leave of this Court vide order dated 8-5-2000, ,are that appellant Muhammad Banaras, alongwith Sher Afzal and Rab Nawaz, was reported against with Police Station Chontra, District Rawalpindi for the murder of Muhammad Azad. The case was got registered by Muhammad Mushtaq, son of the deceased, with the allegation that on 11-11-1988 at about 11-30 a.m.…

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