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IJAZ AHMAD versus STATE


Section 302 Evidence of Evidence Evidence of witnesses An accused was convicted and sentenced to death while the remaining three accused were acquitted by the trial court and the death sentence was upheld by the trial court, which was established by the High Court. The accused had presented. Interested witnesses were convicted on the basis of the evidence, while the three witnesses were acquitted on the same evidence, the prosecution witness was the father and mother of the accused and natural witness, therefore, his presence in the house at the relevant time. Both have rightly acknowledged that although the courts below acquitted the three accomplices without any evidence through trial, it cannot be said that the accused was convicted on the basis of the same evidence. Yes, both witnesses had clearly stated that the co-accused had fired the knife. The accused, however, was not sure whether he had actually struck the deceased or was not accused of any explicit action from any other third co-accused. On the contrary, both witnesses specifically charged the accused. He was accused of shooting the bullets, therefore, it cannot be said that based on the same evidence, the accomplices were acquitted. Court refuses to intervene in sentencing death sentence and sentence by the lower courts

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