Law: Pakistan Penal Code, 1860

Section: 302/307/149

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)---- ----S. 302/307/149---Constitution of Pakistan (1973), Art.l85(3)--­Sentence---Rule of consistency---Applicability---Leave to appeal was granted to consider whether in the facts and circumstances of the case, the evidence produced by the prosecution was such on which reliance could be placed for the conviction and that grant of lesser punishment to the co-accused persons was justified. (b) Penal Code (XLV of 1860)---- ----S.302/307/149---Appraisal of evidence---Interested witnesses---Four persons were murdered by the accused---Trial Court awarded death sentence to four accused while other five co-accused were awarded imprisonment for life---High Court maintaining such conviction---Contention raised by the accused before High Court was that the wives of the complainant's brother and other prosecution witness were real sisters thus, the prosecution witnesses were relatives and were "interested witnesses" ---Validity---Defence failed to prove such relationship from documents viz. Nikahnama and "B" Form from Registration Office---Report of Ballistic Expert, that the empties recovered from scene of offence were fired from the weapon recovered from the accused, had corroborated the ocular version---Motive also stood established from the evidence on record ---Factum of incident was corroborated by the statement of defence witnesses---Sufficient material had been placed on record to prove the case against the accused as such the sentence of death was maintained by Supreme Court. Munawar Ali alias Munawar Hussain v. The State PLD 1993 SC 251; Israr v. The State 1994 SCMR 1082; Tariq Khan v. The State 1997 SCMR 254 and Sheral alias Sher Muhammad v. The State 1999 SCMR 697 distinguished. (c) Penal Code (XLV of 1860)---- ----S.302/307/149---Sentence---Rule of consistency---Applicability---Old age of the accused--- Effect---One of the co-accused who was aged about 70 years was awarded life imprisonment by the Trial Court by taking lenient view due to his old age---Case of the accused was at par with that of co-accused--­Accused was aged about 75 years and was entitled to the same benefit as per rule of consistency---Sentence of accused was…

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