Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 87,88,154,161,164,382B,512

Law: West Pakistan Arms Ordinance (XX of 1965)

Section: 13(c)

(a) Criminal trial--- ----Witness---Related witness--- Mere relationship or close association of prosecution witness with the deceased is not sufficient to hold him to be an interested witness, is the absence of any established hostility, animosity or motive on his part to depose falsely against the accused and his testimony would not be discarded on such ground alone. 2005 SCMR 1958 ref. (b) Penal Code (XLV of 1860)--- ----S.302(b)---Appreciation of evidence---Prosecution evidence implicating the accused fully in the murder of the two deceased persons had inspired confidence and despite the existing enmity between the parties the prosecution witnesses could be safely relied upon---Air ticket issued in the name of accused by itself would not establish the plea of alibi taken by him and would not undo the entire ocular testimony clearly implicating him in the occurrence--Acquitted of accused of the charge under S.13(c) of the West Pakistan Arms, Ordinance, 1965, only on technical grounds had no bearing on the merits of the murder case---Minor contradictions in the prosecution evidence were of no significance---Conviction and sentence of accused were upheld in circumstances. 2003 PCr.LJ 657; 2004 PCr.LJ 1564; 2000 PCr.LJ 1360; PLD 1982 SC 429; 2005 SCMR 1110; Imtiaz Ahmad v. The State 2001 SCMR 1334; Woolmingtin's case 1935 AC 462 Talib Hussain v. State 1995 SCMR 1776 and 2005 SCMR 1958 ref. THIS JUDGMENT DELIVERED BY: AZIZULLAH M. MEMON, J.--- Appellant Muhammad Khan was tried by the Court of learned 1st Additional Sessions Judge, Karachi East in Sessions case No.106 of 2001 and was convicted for committing offence punishable under section 302-B, P.P.C. and sentenced to suffer imprisonment for life and also to pay fine of Rs. 1,00,000 (if recovered to be paid in equal shares to the legal-heirs of the two deceased persons of this case), or in default of the payment of fine amount, to further undergo imprisonment for two years; benefit of section 382-B, Cr.P.C. stands awarded to him; the said judgment dated 15th February, 2005, stands impugned through this criminal appeal. Heard Mr. Naveed Ahmed Khan, Advocate for the appellant, and Mr. Agha Zafir Ali for the…

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