| Citation(s) |
|---|
| 1975 SLG 265 1975 SLD 265 1975 SCMR 339 |
Supreme Court of Pakistan
Petition for Special Leave to Appeal No. K-47 of 1974, decision dated: 4th March 1975. (On appeal from the judgment and order of the High Court of Sind & Baluchlstan, Karachi, dated 17-5.1974 in Criminal Appeal No. 136 of 1973)
HAMOODUR RAHMAN C, J., MUHAMMAD YAQUB ALI AND MUHAMMAD GUL, JJ
Azizullah Sheikh, Advocate Supreme Court and Usman Ghent, Assistant Advocate General Sind, instructed by M. I. Memon, Advocate-on-record for Petitioner. Muhammad Hayat Junejo, Advocate Supreme Court instructed by A. A. Dastgir, Advocate-on-Record for Resp
Petition for Special Leave to Appeal No. K-47 of 1974, decision dated: 4th March 1975. (On appeal from the judgment and order of the High Court of Sind & Baluchlstan, Karachi, dated 17-5.1974 in Criminal Appeal No. 136 of 1973)
HAMOODUR RAHMAN C, J., MUHAMMAD YAQUB ALI AND MUHAMMAD GUL, JJ
Azizullah Sheikh, Advocate Supreme Court and Usman Ghent, Assistant Advocate General Sind, instructed by M. I. Memon, Advocate-on-record for Petitioner. Muhammad Hayat Junejo, Advocate Supreme Court instructed by A. A. Dastgir, Advocate-on-Record for Resp
QAIMUDDIN
VS
PAHALWAN AND 0Taajts
Law:
Section:
Penal Code (XLV of 1860) S. 30.:/149 [Murder case]Prosecution story not supported by ocular evidenceJudicial confessions completely selfexculpatoryNo firearm injury found on body of deceased and lathis allegedly used not Stained with bloodExtrajudicial confessions not proved by person before whom such confessions allegedly made Counsel for State not supporting convictionNo ground, held, made out for interference. ORDER MUHAMMAD YAQUB ALI, J. .Qaimuddin, -Petitioner, seeks leave to appeal from the order passed by a Division Beach of the High Court of Sind Baluchistan, Karachi, on 17th May 1974, acquitting, on appeal, Pehalwan, Luqman, Ali, Sanwan and Dur Muhammad, -Respondents Nos. 1 to 5 of the charge of murdering their covillager, Ismail. There was no ocular evidence in the case but the prosecution relied on confession by the -Respondents, retracted judicial concession by three of them and recovery of a revolver and 3 lathis from the -Respondents. The judicial confessions were completely selfexculpatory while the recoveries were of no value. The deceased had suffered no firearm injury while the lathis were not found to be stained with blood. Similarly…
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