Law:

Section:

THE STATE-----Respondent (a) Penal Code (XLV of 1860)--- ----S. 302---Constitution of Pakistan (1973), Art.185(3)---Reappraisal of evidence---Enmity between the parties stood admitted on record---Consequently, implicit reliance could not be placed on the testimony offered by the eye-witnesses unless the same was corroborated by some other piece of evidence emanating from independent sources. (b) Penal Code (XLV of 1860)--- ----S. 302---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to convicted accused where availability of crime-empties at the place of occurrence and their alleged recovery was a more than doubtful affair and in circumstances, no reliance could be placed on the said piece of evidence---Wound of entrance on the body of the deceased was a further circumstance which also warranted examination of the evidence available on record. ORDER KHALIL-UR-REHMAN RAMDAY, J. --- The two -Petitioners are first cousins inter se. A brother and a father" of the deceased of the present case had earlier murdered the father of Habibullah convict for which they were punished and had since come out of jail after suffering the sentences of imprisonment awarded to them. The enmity between the parties thus, stood admitted on record. Consequently, implicit reliance could not be placed on the testimony offered by the eye-witnesses unless the same was corroborated by some other pieces of evidence emanating from independent sources. 2. Five empties had been recovered from the spot and the report of Forensic Science Laboratory was that three of them had been fired from. the pistol allegedly recovered at the instance of Habibuliah convict while the…

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