Law:

Section:

Penal Code (XLV of 1860)---S. 302---Anti-Terrorism Act (XXVII of 1997), S.7---Constitution of Pakistan (1973), Art.185(3)---Reappraisal of evidence---Interested witness---Report of Forensic Science Laboratory---After exchange of firing in which one constable was killed, accused was arrested at the spot---Trial Court after conclusion of trial convicted and sentenced the accused to death---Conviction and sentence awarded by Trial Court was maintained by High Court---Plea raised by accused was that prosecution witnesses were interested witnesses and recovery could not be relied upon as weapon of offence and crime-empties were dispatched together to Forensic Science Laboratory---Validity---Complainant had no personal motive and was an independent disinterested witness, his testimony alone was sufficient for sustaining conviction of accused---Testimony of complainant was further strengthened by statements of other eye-witnesses, who were members of police party which had exchanged fire with dacoits and subsequently arrested accused from the scene---Police officials having no personal interest in the case, there was no reason to disbelieve their testimony---Dispatch of gun and empties at the same time to Forensic Science Laboratory did not weaken the evidentiary value of positive result of the laboratory in that both were recovered at the same time---Sufficient independent and disinterested evidence not only of the complainant but by police officials who were also eye-witnesses of the occurrence were on record---Supreme Court declined to interfere in finding of guilt of accused recorded by two courts below---Leave to appeal was refused. JUDGMENT NASIR-UL-MULK, J.---The petitioner along with his co-accused, Naseer Ahmed, Afzaal Ahmad and Muhammad Yaqoob, were tried by the Judge, Anti-Terrorism Court No.IV, Lahore in a case of murder and dacoity. Two other accused remained at large and did not face trial. The petitioner was convicted for a number of offences details of which are mentioned in the impugned judgment of the Lahore High Court and under section 302, P.P.G. and section 7 of the Anti-Terrorism Act, 1997 and was awarded sentences of death. These conviction and…

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