Law:

Section:

(a) Penal Code (XLV of 1860)---S. 302/34---Criminal Procedure Code (V of 1898), S. 367---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to the accused to examine whether the impugned did not qualify on the touchstone of S.367, Cr.P.C. as the evidence led in defence consisting of two injured witnesses was not considered and defence plea was not appreciated in its correct perspective. (b) Penal Code (XLV of 1860)----S.302/34---Appraisal of evidence---High Court, no doubt, had omitted to discuss the defence evidence, but in fact there was no defence plea except bare denial without any explanation---Ocular evidence furnished by eye­witnesses whose presence at the site had been established did not suffer from any inherent defect or material lacuna---Mere relationship of the witness with the deceased, per se, would not render him an interested or partisan witness---Other eye-witness, however, was an independent and disinterested witness having no animus against the accused---Accused had a strong motive for the murders of the deceased---Recovery of crime weapons and medical evidence had further corroborated the ocular testimony---Case of acquitted co-accused was distinguishable and not at par with that of the present accused---Defence evidence was not only interested but an afterthought and hired one---No tangible and concrete evidence was available on record to indicate a free fight at the site between the parties---Accused had acted in a callous and brutal manner which did not justify mitigation of sentence---Record did not show any exceptional circumstance for taking a lenient view and for award of lesser penalty---Appeal was dismissed accordingly. (c) Criminal trial---Witness---Credibility---Intrinsic worth and value of evidence is always relevant for determining the reliability of a witness in a case rather than quantity of witnesses. JUDGMENT RANA BHAGWANDAS, J.---This appeal with the leave of this Court arises out of judgment of the Lahore High Court dated 3-8-2000 maintaining conviction and sentence of death of the appellants for committing Qatl-e-Amd of deceased Manzoor Hussain and Muhammad Nawaz by means of…

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