Law:

Section:

(a) Penal Code (XLV of 1860)-- ----Ss. 302/34, 307/34 & 323/34---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to the complainant to consider the question whether High Court was justified in reversing and setting aside the convictions and sentences of accused in view of the material available on record. (b) Penal Code (XLV of 1860)--- ----Ss. 302/34, 307/34 & 323/34---Appreciation of evidence---Related witness---Mere relationship of a witness would not mean that he was interested and his testimony was not liable to be believed when the same was found reliable, trustworthy and confidence-inspiring on material points. (c) Criminal Procedure Code (V of 1898)--- ----S. 154---First information report---F.I.R. is neither a substantive evidence nor an exhaustive document and if the detailed facts have not been mentioned therein, it would not diminish its correctness. Muhammad Hussain and another v. The State 1993 SCMR 1614 ref. (d) Penal Code (XLV of 1860)--- ----Ss. 302/34, 307/34 & 323/34---Appreciati n of evidence---Grain is to be sifted from the chaff so as to arrive at truth of the occurrence --Evidence has to be appraised in entirety to sift the grain from the chaff so that essential portion of the prosecution evidence which has probability and reliability in the peculiar circumstances of the case could be believed or acted upon otherwise. The State v. Mushtaq Ahmad PLD 1973 SC 418; Piran Ditta and others v. The State PLD 1976 SC 300 and Allah Bakhsh v. Ghulam Rasool and others 1999 SCMR 223 ref. (e) Penal Code (XLV of 1860)--- ----Ss. 302/34, 307/34 & 323/34---Constitution of` Pakistan (1973), Art.185---Appeal against acquittal---Testimony of all the injured prosecution witnesses was impeachable which could not be even shattered in the cross-­examination and was fully corroborated by medical evidence, recovery of blood-stained hatchet and evidence of motive---Trial Court on the basis of preponderant ocular testimony of injured witnesses coupled with medical evidence and recovery of blood-stained hatchet from the possession of accused including the injuries sustained by him and the presence of…

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