| Citation(s) |
|---|
| 2003 SLG 877 2003 SLD 877 2003 SCMR 497 |
Supreme Court of Pakistan
Jail Petition No. 67 of 2001, decided on 17th April, 2002. (On appeal from the judgment dated 8-5-2001 of the Lahore High Court, Lahore, ,passed in Criminal Appeal No. 879 of 1992 and Murder Reference No. 410 of 1992)
QAZI MUHAMMAD FAROOQ AND SYED DEEDAR HUSSAIN SHAH, JJ
Sardar Muhammad Siddique Khan, Advocate Supreme Court for Petitioner. Nemo for the State
Jail Petition No. 67 of 2001, decided on 17th April, 2002. (On appeal from the judgment dated 8-5-2001 of the Lahore High Court, Lahore, ,passed in Criminal Appeal No. 879 of 1992 and Murder Reference No. 410 of 1992)
QAZI MUHAMMAD FAROOQ AND SYED DEEDAR HUSSAIN SHAH, JJ
Sardar Muhammad Siddique Khan, Advocate Supreme Court for Petitioner. Nemo for the State
RASHID AHMED alias KUKU
VS
THE STATE
Law: Pakistan Penal Code, 1860
Section: 302,34
Law: Constitution of Pakistan, 1973
Section: 185(3)
Penal Code (XLV of 1860)--- ----S.302/34---Constitution of Pakistan (1973), Art. 185(3)---Accused was squarely charged in the promptly lodged F.I.R. for committing the murder of the deceased---Accused had been apprehended soon after the occurrence by an independent and disinterested person---Complainant , was a natural and probable eye-witness whose testimony inspired confidence being free from any contradiction or discrepancy and the same was not undermined by the acquittal of co-accused---Ocular evidence was supported by medical evidence, recovery of crime dagger and positive reports of the Chemical Examiner and the Serologist---Non-availability of the motive against the accused was immaterial in the face of the ocular evidence which was not only reliable but was also fully corroborated by independent evidence emanating from unimpeachable sources---Leave to appeal was declined to accused by Supreme Court in circumstances. JUDGMENT QAZI MUHAMMAD FAROOQ, J.---This petition for leave to appeal, filed from jail by one Rashid Ahmed alias Kuku, has arisen from the murder case of one Ahmed Hussain alias Heera who was done to death on 27-10-1991 at 12-30 p.m. within the limits of Police Station North Cantt., Lahore. It is directed against the judgment dated 8-5-2001 of a learned Division Bench of the Lahore High Court, Lahore whereby the petitioner's appeal against his conviction under section 302/34, P.P.C. and sentence of death recorded by the learned trial Court was dismissed and the Murder Reference was answered in the affirmative. 2. The occurrence, as stated earlier, had taken place on 27-10-1991 at about 12-30 p.m. The F.I.R. was made at 1-15 p.m. in Mayo Hospital, Lahore by,Sarfaraz Mehmood, brother of the deceased. It was alleged therein that on 22-10-19511 a quarrel had taken place between the deceased on the one hand and the accused Javaid alias Bagga, Rasheed Ahmed alias Kuku and Rashad Saeed alias Rashad Jat on the other as a result, whereof, Javed alias Bagga had sustained injuries and at his behest a case was registered against the deceased at Police Station Shalimar. On the eventful day the complainant alongwith the deceased, Muhammad Yaqoob and…
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