| Citation(s) |
|---|
| 1973 SLG 3101 = 1973 SLD 3101 = 1973 PCRLJ 757 |
Lahore High Court
Criminal Appeal No. 195 of 1971, decided on 30th Novem ber 1971.
Presented By: Muhammad Munir Farooqi, J
Ch. Nazir Ahmad Khan assisted by Ch. Eitizaz Hussain for Appellants. Maj. Waheed-ud-Din for A. G. for the State.
Criminal Appeal No. 195 of 1971, decided on 30th Novem ber 1971.
Presented By: Muhammad Munir Farooqi, J
Ch. Nazir Ahmad Khan assisted by Ch. Eitizaz Hussain for Appellants. Maj. Waheed-ud-Din for A. G. for the State.
Mst. ALAM KHATOON AND ANOTHER-Convict-Appellants
VERSUS
THE STATE-Respondent
Law: Penal Code (XLV of 1860)
Section: 302, 34
Criminal trial Witness-Credibility of No direct evidence forthcoming about occurrence-Witnesses making improvements inconsistent and contradictory with others--Applications submitted to high police officers and complaint filed later on alleging different role of accused-Original version of F. I. R. completely belied by complain ant and other relevant witnesses---Such variations and improvements, resulting in negation of different roles attributed to accused, held, impaired credibility of prosecution witnesses-Unsafe to rely on any part of such statements-Penal Code (XLV of 1860), S. 302/34. Date of hearing: 30th November 1971. JUDGMENT The two appellants, Mst. Alam Khatoon and Haq Nawaz were convicted under section 302/34, P. P. C. with a sentence of transportation for life to each by the Sessions Judge, Sargodha, on 23rd February 1971, for committing the murder of Zahoor Ali (deceased), the husband of the former, in furtherance of their common intention on 28th July 1968, at peshiwela, inside his house at Chah Ghagan Dakbli, Ahdi Kot, situate at a distance of 19 miles from Police Station Nurpur, Sargodha. To question the correctness of this order the two appellants have preferred a joint…