| Citation(s) |
|---|
| 1980 SLG 3141 = 1980 SLD 3141 = 1980 PLD 185 |
Supreme Court of Pakistan
Criminal Appeal No. S-P of 1977, decided on 26th April, 1980. (On appeal against the judgment and order of the Peshawar High Court, Peshawar dated 23-10-1977 passed in Criminal Appeal No. 194 of 1975).
Presented By: Dorab Patel, Muhammad Haleem, G. Safdar Shah crud Abdul Kadir Shaikh, JJ
M. Ishaq Khan Kundi, Advocate and M. Qasim Imam, Advocate-on. Record for Appellant. Sahibzada Mtasir Akhtar, A. A.-G. (1V.-W. F. P.), Peshawar instructed by S. Safdar Hussain, Advocate-on-Record for the State.
Criminal Appeal No. S-P of 1977, decided on 26th April, 1980. (On appeal against the judgment and order of the Peshawar High Court, Peshawar dated 23-10-1977 passed in Criminal Appeal No. 194 of 1975).
Presented By: Dorab Patel, Muhammad Haleem, G. Safdar Shah crud Abdul Kadir Shaikh, JJ
M. Ishaq Khan Kundi, Advocate and M. Qasim Imam, Advocate-on. Record for Appellant. Sahibzada Mtasir Akhtar, A. A.-G. (1V.-W. F. P.), Peshawar instructed by S. Safdar Hussain, Advocate-on-Record for the State.
GUL MIR-Appellant
VERSUS
THE STATE-Respondent
Law: Constitution of Pakistan 1973
Section: 185(2)(a)
(a) Constitution of Pakistan (1973) Art. 185(2)(a)-[Murder-case]-Appeal against enhancement of sentence-Appreciation of evidence-Site plan being no evidence and officer preparing plan not saying a word in his deposition before trial Judge as to on pointation of which prosecution witness he prepared same, reliance on such plan by lower Court misplaced One of prosecution witnesses being a disinterested witness, reliance on his evidence by trial Judge as well as High Court wholly proper Deceased though not mentioning name of another witness in his dying declaration yet house of such witness being situate just close to place of occurrence inference follows of witness having come out on hearing gunshots and seen absconding accused firing at deceased Witness deposing only against absconding accused and not against other accused, such fact showing witness to be truthful-Reliance by trial Court and High Court on statement of such witness, hence, unexceptionable-Accused appellant, held, rightly found guilty of charge.-[Appeal (criminal)-Evidence]. (b) Constitution of Pakistan (1973) Art. 185(2)(a)-[Murder-case]-Appeal against enhancement of sentence-Assumptions on part of High Court forming basis of enhancing sentence of imprisonment for life to one of death based on conjectures-No evidence on record showing named person having instigated appellant to kill deceased nor any other evidence on record going to show appellant having been a hired assassin as found by lower Courts-Language employed by trial Judge, namely, "Investigating agency has tried to locate motive and referred in case diaries that the accused were probably the hired assassins, eke. However the judicial record is silent about any motive, which still remains shrouded in mystery" instead of supporting assumption of appellant being a hired assassin rather militates against any such presumption-Motive in case being shrouded in mystery, appeal, held, liable to be dismissed but partially allowed to extent of reduction of sentence of death to one of imprisonment for life.--[Appeal (criminal)--Evidence]. Date of hearing : 19th April, 1980. …