| Citation(s) |
|---|
| 1983 SLG 782 1983 SLD 782 = 1983 PLD 793 |
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.