Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302/34---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.14---Constitution of Pakistan (1973), Art.203-F---Reappraisal of evidence---Proverbial Lalkara---Common intention---Friendship or relationship of witnesses with deceased---Effect---Natural witnesses---Scope---Object of section 34, P.P.C.---Allegation against accused appellant was that he along with two accused persons committed murder of deceased---Motive setup in F.I.R. was that as deceased took charge of agricultural farm from accused, therefore, out of grudge he committed murder of deceased---Accused was acquitted of charge under S.14 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979 and was convicted and sentenced to life imprisomnent by Trial Court under section 302/34, P.P.C.---One co-accused was sentenced to death by Trial Court but Federal Shariat Court altered death to life imprisonment---Second co-accused was acquitted by Trial Court---Accused contended that no overt act except proverbial Lalkara, was attributed to him in F.I.R. and at trial; that motive was not` established on record; that prosecution evidence was furnished by interested and related witnesses; that prosecution evidence was self-contradictory and uncorroborated by independent evidence and that F.I.R. was lodged with delay benefit of which was to go to accused---Validity---Prosecution had alleged that murder of deceased was committed by all accused with common intention---Prosecution witnesses were subjected to lengthy cross-examination but nothing beneficial to accused could be elicited from them who supported each other on material points---Few minor contradictions having no substantial bearing on merits of case could be ignored safely---Prosecution witnesses had no enmity to get accused/appellant involved in heinous offence like murder, abetment and instigation as no grudge had been alleged against them---Friendship or relationship with deceased was not sufficient to discredit a witness particularly when there was no motive to falsely involve accused---In assessing value of evidence of eye-witnesses, it was necessary to examine whether in…

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