| Citation(s) |
|---|
| 1980 SLG 3118 = 1980 SLD 3118 = 1980 PLD 109 |
Supreme Court of Pakistan
Criminal Petitions for Special Leave to Appeal Nos. 138 and 22-R of 1976, decided on 26th November, 1979. (On appeal from the judgment of the Lahore High Court, Lahore dated 26-1-1976 to Cr. Appeal No. 401/75 and 402/72 and M. R. No. 131/75, Cr. Revision No. 890/75).
Presented By: Anwarul Haq, C. J., Muhammad Afzal Allah and Shafi-ur-Rehman, JJ
h. Nasim Hassan, Advocate for Petitioner (in Cr. P. S. L. A. No. 22-R of 1976). Kh. Shaukat Ali with Ijaz Ali, Advocate-on-Record for the State (in Cr. P. S. L. As. Nos. 138, 139 and 22-R of 1976). Sh. Nasim Hassan with Sh. Abdul Karim, Advocate-on-Record for the Complainant (in Cr. P. S. L. As. Nos. 138 and 139 of 19 S. M. Zafar, Advocate and Kh. Sultan Ahmad with Rana Maqbool Ahmad. Advocate-on-Record for Petitioner (in Cr. P. S. L. As. Nos. 138 and 139 of 1976). 76).
Criminal Petitions for Special Leave to Appeal Nos. 138 and 22-R of 1976, decided on 26th November, 1979. (On appeal from the judgment of the Lahore High Court, Lahore dated 26-1-1976 to Cr. Appeal No. 401/75 and 402/72 and M. R. No. 131/75, Cr. Revision No. 890/75).
Presented By: Anwarul Haq, C. J., Muhammad Afzal Allah and Shafi-ur-Rehman, JJ
h. Nasim Hassan, Advocate for Petitioner (in Cr. P. S. L. A. No. 22-R of 1976). Kh. Shaukat Ali with Ijaz Ali, Advocate-on-Record for the State (in Cr. P. S. L. As. Nos. 138, 139 and 22-R of 1976). Sh. Nasim Hassan with Sh. Abdul Karim, Advocate-on-Record for the Complainant (in Cr. P. S. L. As. Nos. 138 and 139 of 19 S. M. Zafar, Advocate and Kh. Sultan Ahmad with Rana Maqbool Ahmad. Advocate-on-Record for Petitioner (in Cr. P. S. L. As. Nos. 138 and 139 of 1976). 76).
ALI KHAN-.Petitioner
VERSUS
THP STATE-Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 154
Law: Penal Code (XLV of 1860)
Section: 302
Law: Evidence Act, (1 of 1872)
Section: 8
(a) Criminal Procedure Code (V of 1898) S. 154-First Information Report-First information report lodged not on basis of direct knowledge but on information supplied by a named person-Person giving such information backing out, maker of report, held, could not be made responsible for transmitting incorrect information.-[First Information Report]. (b) Penal Code (XLV of 1860) S. 302-[Murder-case]-Appreciation of evidence-Deceased and complainant both lawyers living in same house-Time of occurrence being time for lawyers to go to Court, witnesses claiming to be eyewitnesses natural-M being a lawyers' clerk plausible reason existed for him to accompany deceased-P. W. A giving a reason for being present and such reason accepted by Courts below and appearing to be true for, inter alia, his shirt sleeve having got blood-stained in handling deceased at spot-Prosecution witnesses .V and A not only natural witnesses but their statements also consistent with regard to their presence and manner of occurrence-Accused appellant, a school teacher, absconding after occurrence for over a year and turning up or apprehended only after his property put under attachment and in process of being auctioned-Explanation for disappearance : risk of disgrace, torture of police, or ordeal of criminal trial-Not satisfactory in circumstances-Petition for leave to appeal against conviction dismissed.--[Evidence]. (c) Evidence Act (I of 1872) S. 8, illus. (i)-Abscondence-Final determination of place and weight to be given to abscondence for proving a case boyond reasonable his occupational habits and limitations, period of abscondence, specific explanation for abscondence-All such factors to be considered in juxtaposition with other evidence on record for evaluating weight to be given to abscondence-Eye-witnesses natural, found be present, capable of identifying culprits, and held to have truthfully` deposed about event and corroboration sought not under a mandate of law but more on basis of established principles of judicial cautionAbscondence in such case, held, may prove decisive.-[Abscondence]. (d) Criminal trial Practice and procedure-Witnesses examined by Police-Need not…