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Criminal Appeal No. 94 and Confirmation Case No. 11 of 1983, decid ed on 14th June, 1984.
-- S. 302-Witness-Evidence, evaluation of-Relationship between a witness and a victim of offence simpliciter, held, would not make him an interested witness unless having some motive to falsely impli cate accused.-[Witness].
-- S. 302- Witness- Evidence, evaluation of- Testimony of an interested witness, held, not liable to be excluded but Courts as a measure of abundant caution look for some independent corrobora tive piece of evidence.-(Witness].
--S. 342 read with S. 537-Irregularity- Non-mentioning of an injury by trial Court to accused in his statement recorded under S. 342, Cr. P.C., held, merely an irregularity not vitiative of trial and curable under S. 537, Cr. P. C.
-- S. 302-Witness-Evidence, appreciation of-No question put by defence to a witness as to existence of a certain fact-No significance, held, could be attached to such fact.-[Witness].
Akhtar Hussain v. The State P L D 1958 S C 251 ref.
-- S. 103-Recovery witness-A close relation ;of deceased, held, could be a mashir to recovery, if resident of locality where recovery made and having no personal motive to falsely implicate accused. [Witness].
-- S. 302-Recovery, evidentiary value of-Delay in despatching of crime weapon to chemical examiner coupled with circumstances casting doubts as to genuineness of recovery, held, would render recovery liable to be excluded.-[Recovery].
Anwarul Hassan v. The State 1980 S C M R 649 and Mian Khan v.
The State 1982 S C M R 629 ref.
-- S. 302-Motive-Factum of non-proving of motive, held, could not negate other direct evidence if otherwise reliable.-[Motive]'.
-- S. 302-Motive---Sentence, mitigation of-Prosecution alleging motive for crime but failed to prove same-Held; A relevant conside ration for determining quantum of sentence. -[Motive-Sentence].
-- S. 302 read with S. 304 (1)-Murder-Offence, alteration of evidence on record negated case of pre-mediated murder-Convic tion under S. 302, P. P. C. altered into S. 304 (1), P. P. C. in circum stances.
Khalid Ahmad and 3 others. v. The State P L D 1984 Kar. 545 ; Haji and another v. The State 1984 P Cr. L J 1080 and Muhammad Idris v. The State 1984 P Cr. L J 738 ref.
Khawaja Adcel Ahmad and Q. R. Warsi for Appellants.
Rashid Tariq for the State.
Sarfraz Khan Tanoli for the Complainant.
Dates of hearing 3rd, 6th and 7th June, 1984.
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