Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302(b)/34---Constitution of Pakistan (1973), Art.185(3)---Qatl-i¬-amd---Leave to appeal was granted to accused by Supreme Court to reappraise the entire evidence for safe administration of criminal justice. (b) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Qatl-i-amd---Appreciation of evidence---Interested witness---Corroboration---Rule of corroboration in case of interested witnesses is not an inflexible rule---Such rule can be dispensed with in appropriate cases---In order to bring the case out of the scope of general rule' the evidence. of an interested witness is to be scrutinized very carefully---Firstly truthfulness of such witness is to be tested on the touchstone of the inherit merit of his statement, and secondly, if his statement is found reasonable, probable or plausible, and reliable then the same can be accepted and relied upon without corroboration, even if he is a worst enemy of the, accused. Niaz v. State PLD 1960 SC 387; Nazir v. State 1962 SC 269; Muhammad Ismail v. Khushi Muhammad PLD 1974 SC 37; Abdul Rashid v. Umid Ali PLD SC 227; Muhammad Ali v. State 1985 SCMR 203; Haroon v. State 1995 SCMR 1627 and Muhammad Rafique v. State 1977 SCMR 457 ref. (c) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Qatl-i-amd---Appraisal of evidence---Story of following the deceased by eye-witnesses just before the occurrence did not appeal to common sense, being against their natural conduct---Despite indiscriminate firing of about 100 rounds at the place of incident and deceased having sustained 26 fire-arm injuries, no empties of kalashnikov were found on the spot---Motive was against the complainant, but accused did not cause any injury to him despite being within the range of his firing---Ocular witnesses, thus, did not seem to be present at the place of occurrence---Ocular testimony having inherent defects was neither plausible nor reasonable and did not fall within any exception, where the statements of interested witnesses could be accepted without corroboration, which was even lacking in the case---Abscondence of accused though being relevant could not be used as a corroborative piece of evidence, which had to be…

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