| Citation(s) |
|---|
| 1977 SLG 215 1977 SLD 215 1977 SCMR 492 |
Supreme Court of Pakistan
Criminal Appeals Nos. 83 of 1970 and 59 of 1971, decision dated: 3rd July 1972. dates of hearing : 2nd, 5th and 6th June 1972
SAJJAD AHMED, JAN, WAHEEDUDDIN AHMAD AND SALAHUDDIN AHMED, JJ
Manzur Qadir, Senior Advocate Supreme Court Instructed by Maqbool Ahmad Qadri, Advocate-on-Record for Appellants M. A. Bajwa, Advocate Supreme Court instructed by Ijaz Ali, Advocate-on-Record for the State
Criminal Appeals Nos. 83 of 1970 and 59 of 1971, decision dated: 3rd July 1972. dates of hearing : 2nd, 5th and 6th June 1972
SAJJAD AHMED, JAN, WAHEEDUDDIN AHMAD AND SALAHUDDIN AHMED, JJ
Manzur Qadir, Senior Advocate Supreme Court Instructed by Maqbool Ahmad Qadri, Advocate-on-Record for Appellants M. A. Bajwa, Advocate Supreme Court instructed by Ijaz Ali, Advocate-on-Record for the State
Criminal Appeal No. 83 of 1970 SALEHON
VS
The STATE AND Criminal Appeal No. 59 of 1971 MUHAMMAD KHAN AND 2 OTHER vs THE STATE
Law:
Section:
(a) Penal Lode (XLV of 1860)- ---S. 302/34-[Murder-case]-Recovery of blood-stained earth from several places alleged to be venue of crime fully establishing place of occurrence-Recovery of crime empties as well as basket and Swank, grass carried by one victim also fixing place of occurrence -Two prosecution witnesses equally related to both parties and no reason for then to falsely implicate convicted accused-Evidence of such two witnesses receiving ample corroboration from medical evidence and evidenc6 of recoveries-Evidence of Arms Expert against one, evidence of recovery of blood-stained hatchet from another, and extra judicial confession of third accused-Accused also having motive to commit offence-Conviction, held, right in circumstances. (b) Penal Code (XLV of 1860)- -- S. 302/34-[Murder-case]-Benefit of doubt-Appeal against acquittal-No motive on part of acquitted accused to participate in occurrence-Accused living separately and not dependent upon family of headman of other convicted accused persons and also having no enmity with family of deceased persons-No recoveries made from them either-Some prosecution witnesses admitting such acquitted accused having pleaded alibi and produced evidence in its support before Police-Acquittal in circumstances not interfered with.[Appeal against acquittal]. (c) Penal Code (XLV of 1860)- ---S.302/34-[Murder case]-Appeal against acquittal-Pacts end circumstances of case weighing more heavilyin favour of improbability on part of accused to have committed murders of his very near relations-Only material piece of evidence found corroborative of case being recovery of blood-stained hatchet at Instance of accused, such piece of evidence, held, should not have been relied upon for purpose of corroborating two eye-witnesses In view of case being one of appeal against acquittal and trial Court as well as Division Bench having not felt safe to rely, upon such evidence-Recovery evidence being eliminated, ocular evidence of two witnesses naming four persons and such persons being acquitted, reliable corroboration of their evidence, held, ought to Lave existed before accepting it no such corroboration existing, appeal against…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492