| Citation(s) |
|---|
| 2011 SLG 2128 2011 SLD 2128 2011 SCMR 951 |
Supreme Court of Pakistan
Criminal Appeal No. 359 of 2002, decision dated: 28-09-2009 (On appeal from the judgment dated 10-1-2002 of the Lahore High Court, Lahore passed in Criminal Appeal No. 150-L of 1998 and Murder Reference No.. 195-J of 1998)
. KHALIL-UR-REHMAN RAMDAY, NASIR-UL-MULK AND ANWAR ZAHEER, JAMALI, JJ
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Criminal Appeal No. 359 of 2002, decision dated: 28-09-2009 (On appeal from the judgment dated 10-1-2002 of the Lahore High Court, Lahore passed in Criminal Appeal No. 150-L of 1998 and Murder Reference No.. 195-J of 1998)
. KHALIL-UR-REHMAN RAMDAY, NASIR-UL-MULK AND ANWAR ZAHEER, JAMALI, JJ
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Mst. SULTANA BIBI alias RUBI
VS
. THE STATE
Law:
Section:
Penal Code (XLV of 1860)-------S. 302(b)---Appraisal of evidence---Accused could not be believed to have buried the pieces of the dead body of the deceased into a room of her house after having killed him somewhere else, where even the complainant and 10/12 other persons were also living---No conceivable explanation in this regard was forthcoming---No memorandum had been prepared with respect to the recovery of the said pieces of the dead body from the said room at the pointation of accused---Recovery of the letters allegedly written to the accused by her male co-accused after digging the floor of a room of her house was not a reliable piece of evidence ,.as she had no reason to preserve those letters under the soil and the same could not have been found in a legible form---Even the said letters were not proved at the trial according to law---Although complainant claimed during trial that he knew of the illicit relations between the accused and her co-accused, yet he never mentioned such relationship in his applications submitted to the police for registration of the case---Accused was acquitted in circumstances. M. Zaman Bhatti, Advocate Supreme Court and Malik Muhammad Kabir, Advocate Supreme Court for Appellant. Syed Ali Imran, D.P.G. for the State. ORDER KHALIL-UR-REHMAN RAMDAY, J.---This is an appeal through leave of this Court. 2. Ghulam Abbas complainant who was the father of Ramzan deceased had informed the SHO of Police Station Wan Bacharan through a written application dated 15-12-1997 that his son Ramzan deceased, who was an employee of the police department, had come back home on leave on 29-9-1997 and that two days later i.e. on 1-10-1997 lie left the house at about 11-30 a.m. saying that he was going to Sargodha to fetch his salary and that he would come back home in the evening but never returned. The complainant did not lay any suspicion on anyone but only expressed an apprehension that his said son had been abducted for being killed. During the course of the trial, it had also been alleged that the said complainant had made an application even on 6-10-1997 to the same effect. During the course of investigation, the Investigating Officer…
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