| Citation(s) |
|---|
| 2007 SLG 4101 2007 SLD 4101 2007 PLD 107 |
Supreme Court (AJ&K)
Criminal Appeals Nos. 44, 47 and 48 of 2005, decided on 18th May, 2007. heard on: 5th March, 2007.
MUHAMMAD REAZ AKHTAR CHAUDHRY, CHIEF, JUSTICE AND KHAWAJA SHAHAD AHMED, JUSTICE
Sardar Khalil Ahmed Bukhari for Appellants (in Criminal Appeal No.44 of 2005). Ch. Ali Muhammad for
Respondent No.1 (in Criminal Appeal No.44 of 2005). Muzaffar Ali Zafar, Addl. A.G. for the State (in Criminal Appeal No.44 of 2005). Ch. Ali Muhammad fo
Criminal Appeals Nos. 44, 47 and 48 of 2005, decided on 18th May, 2007. heard on: 5th March, 2007.
MUHAMMAD REAZ AKHTAR CHAUDHRY, CHIEF, JUSTICE AND KHAWAJA SHAHAD AHMED, JUSTICE
Sardar Khalil Ahmed Bukhari for Appellants (in Criminal Appeal No.44 of 2005). Ch. Ali Muhammad for
Respondent No.1 (in Criminal Appeal No.44 of 2005). Muzaffar Ali Zafar, Addl. A.G. for the State (in Criminal Appeal No.44 of 2005). Ch. Ali Muhammad fo
Criminal Appeal No.44 of 2005 LIAQAT HUSSAIN AND another
VS
ULFAT KHAN AND another Criminal Appeal No.47 of 2005 MST. RAJ BI AND 3 others VS LIAQAT HUSSAIN AND 2 others Criminal Appeal No.48 of 2005 KHAN MUHAMMAD VS ULFAT KHAN AND another
Law:
Section:
(a) Penal Code (XLV of 1860)---.--- ---.----S. 302---.---Appreciation of evidence---.---Principles---.---Conviction can be recorded on the ocular testimony of a natural and reliable witness without seeking any corroboration---.---Such testimony, however, is required to be scrutinized with great care and caution in order to eliminate any possibility of doubt. Muhammad Hanif v. The State 1983 PCr.LJ 22S ref. (b) Penal Code (XLV of 1860)---.--- ---.----S. 302---.---Appreciation of evidence---.---Inimical or interested witness---.---Practice and procedure ---.---While evaluating the evidence of an inimical, interested or partisan witness, Court has to be more cautious and it should focus its attention on the question whether his presence at the place of occurrence was probable and if so whether the story narrated by him is consistent with the other evidence on record, natural course of human events, surrounding circumstances and inherent probability of the case is sufficient to satisfy a prudent person---.---If the answer is in affirmative and the evidence of the witness appears to be almost flawless and free from suspicion, court may accept such evidence. (c) Penal Code (XLV of 1860)---.--- ---.----Ss. 302/34 & 341---.---West Pakistan Arms Ordinance (XX of 1965), S.13---.---Appreciation of evidence---.---Evidence of eye-witnesses being free from suspicion inspired confidence, which was corroborated by the medical evidence, recovery of pistol from the accused which matched with the crime empties according to the report of Firearms Expert--No enmity of prosecution witnesses with the accused was proved on record, which had ruled out the possibility of substitution of accused, which even otherwise was a very rare phenomenon---.---Minor contradictions pointed -out in evidence did not lead to any doubt about innocence of accused and were quite natural---.---Mere relationship of eke-witnesses with the deceased was no ground for discarding their testimony unless their enmity with accused was established---.---Convictions and sentences of accused were upheld in circumstances. (d) Penal Code (XLV of 1860)---.--- ---.----S. 302---.---Appreciation of…
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