Case Details

Citation(s)
1983 SLG 782 1983 SLD 782 = 1983 PLD 793
Supreme Court of Pakistan
Criminal Appeal No. 17 of 1983 in Criminal Petition No. 109 of 1980, decided on 9th March, 1983. (On appeal from the judgment of the Lahore High Court, Lahore dated 2-2-1980 passed in Criminal Appeal No. 497/1977)
Present : Aslam Riaz Hussain, Actg. C. J. and Nasim Hasan Shah, J
Rab Nawaz Khan Niazi Advocate Supreme Court with S. Wajid Hussain, Advocate-on-Record for Appellants. Rashid Aziz, Additional Advocate-General for
Respondent. Date of hearing : 9th March, 1983.

MUHAMMAD AZAM AND ANOTHER-Appellants

VERSUS

THE STATE-Respondent

Law: Penal Code (XLV of 1860)

Section: 302 , 34

Penal Code (X LV of 1860)-

 

-- S. 302/34-Evidence, appreciation of-Firing of first shot alleged against accused persons from 5/6 karams which bit deceased and as a result thereof he fell down-Further shots fired after coming nearer-Medical evidence contradicting version -Fact that one of injuries caused by a shot fired from less than four feet not supported by medical evidence-Black as well as whitish gun powder also not present around injury as such cannot be said to have been fired at a distance of 1'-Evidence of recovery not free from doubt, recovery witnesses being cousins of deceased-Two eye-witnesses closely related to deceased and inimical towards accused-Other witness' evidently a stock witness-Evidence of other witnesses lacking independent corroboration-Conviction and sentence set aside in circumstances of case.

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