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THE STATE versus MUHAMMAD SABIR ALIAS SABRI


Section 302 (b), 338 D&447 West Pakistan Arms Ordinance (XX of 1965), Section 13 Definition of Evidence. The complainant, the injured witness, and other prosecution witnesses whose presence has been proved, have fully supported the prosecution case. The complainant's presence with the deceased son, his daughter and daughter-in-law, the presence of the accused party, the fatal shooting with the deadly weapon and the shooting death of the shooter were not disputed by the defense only. The dispute had to be defended and nothing more, in such cases, the burden of proof shifted to the defense rather than to the prosecution; the task of proving beyond a reasonable doubt was always on the shoulders of the prosecutor. To prove the different manners of the event, and to establish, defend and defend the circumstances that brought this case within any exception. In the present case this burden was not excluded. en The prosecution's evidence was clear, strong, and convincing enough to prove a prosecutor's case could not be called a witness of opportunity because he appreciated his presence at the scene of the incident. Even though there was mutual concern about it. From the deceased, there was no enmity so that the accused involved in the crime of murder or the alternative accused had no relationship between them because of the land dispute between the parties and they were civil and criminal legal Were involved in fodder, but it was not humanly possible for a father to be involved in the murder of an innocent person because of a land dispute rather than a real culprit.

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