| Citation(s) |
|---|
| 1975 SLG 356 1975 SLD 356 1975 PLD 160 |
Supreme Court of Pakistan
Criminal Appeal No. 43 of 1970, decision dated: 18th February 1975. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 17-10-1967 in Criminal Appeal No. 26 of 1967), hearing DATE : 23-10-1974
MUHAMMAD YAQOOB ALI, SALAHUDDIN AHMED AND MUHAMMAD AFZAL CHEEMA, JJ
Iftikhar-ul-Haq Khan, Advocate Supreme Court instructed by Ijaz Ali, Advocate-on-Record for Appellant and
Respondent No. 2. Sh. Shafi, Senior Advocate instructed by M. A. Karim, Advocate-on-Record No. 1
Criminal Appeal No. 43 of 1970, decision dated: 18th February 1975. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 17-10-1967 in Criminal Appeal No. 26 of 1967), hearing DATE : 23-10-1974
MUHAMMAD YAQOOB ALI, SALAHUDDIN AHMED AND MUHAMMAD AFZAL CHEEMA, JJ
Iftikhar-ul-Haq Khan, Advocate Supreme Court instructed by Ijaz Ali, Advocate-on-Record for Appellant and
Respondent No. 2. Sh. Shafi, Senior Advocate instructed by M. A. Karim, Advocate-on-Record No. 1
Syed MUSHTAQ AHMAD
VS
SIDDIQULLAH AND OTHERS
Law:
Section:
(a) Appeal to Supreme Court-Appeal against acquittal of person charged with offence of murder--Murder case resting principally on testimony of two eye-witnesses, medical evidence, motive and fact of absconding of accused after occurrence-Conviction recorded by trial Court-High Court (in appeal against conviction) setting aside conviction and acquitting convict on ground that (i) eye-witness asserted that two shots were fired whereas medical evidence showed that more than two shots were fired; (ii) presence of undigested food in deceased's stomach incompatible with time of incident; (iii) eye-witness related to deceased, (iv) motive in circumstances immaterial-Appeal against acquittal to Supreme Court-Supreme Court set aside acquittal and held : (per majority) witness to be believed or disbelieved on reasonable ground and not on mere speculations; mere relationship with deceased no ground for disbelieving testimony of eye-witness : testimony of eye-witness was supported by motive, medical evidence and fact that accused absconded after occurrence-[Per Muhammad Afzal Cheema, J. dissenting] mere possibility that Supreme Court on reappraisal of evidence and facts and circumstances of case might reach a different conclusion-Not good enough to justify interference with of acquittal-Criminal Procedure Code (V of 1898), S. 417-Penal Code (XLV of 1860), S. 302. Siraj Din v. Kala and another P L D 1964 S C 26 ref. (b) Penal Code (XLV of 1860)- S. 302-Acquittal by High Court-Questions: (i) whether High Court rejecting evidence of eye-witnesses had disregarded principles governing appeal filed under S. 417, Cr. P. C., and (ii) whether elements of doubt regarding prosecution evidence were formulated by High Court on reasonable basis-Special Leave to Appeal granted by Supreme Court. (c) Constitution of Pakistan (1973)- Art. 185(3)-Special Leave to Appeal granted-Appeal to be treated completely on equal. footing with appeal filed as of aright. (d) Criminal trial- Motive-Absence or weakness of motive, in presence of ocular testimony-Immaterial. (e) Criminal appeal- Abandonment of-Appeal against acquittal (filed by private complainant) by Special Leave of Supreme…
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