Case Details

Citation(s)
1963 SLG 3170 = 1963 SLD 3170 = 1963 PLD 25
Supreme Court of Pakistan
Criminal Appeal No. 54 of 1962, decided on 30th October 1962  
Presented By:A. R. Cornelius, C. J., S. A. Rahman, Fazle-Akbar, B. Z. Kaikaus and   Hamoodur Rahman, JJ
  Muhammad Shafi Senior Advocate Supreme Court (Shaukat Ali Khawaja Advocate Supreme Court with him) instructed by Muhammad Nazar Khan, Attorney for Appellant. Hamid Ali Sherwani Advocate Supreme Court instructed by Yaqub Husain Zaidi Attorney for
Respondents Nos. 1 to 6.   M. Anwar Advocate-General West Pakistan (Iftikharul Haq Khan Advocate Supreme Court with him) instructed by Ijaz Ali Attorney for
Respondent No. 7.   Date of hearing: 30th .October 1962.

WASIULLAH-Appellant  

VERSUS

  MIRZA ALI AND OTHERS-Respondents

Law:

Section:

(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 19th July 1960, in Criminal Appeal No. 165 of 1959).   Special leave to appeal to Supreme Court---Granted to examine the question: "whether ocular evidence (murder case) at all required the kind of corroboration which the High Court felt it their duty to seek"-Constitution bf Pakistan (1956), Art. 160.   Accused----Large number named by complainant- Motive present to include as many persons as accused as possible-One accused at least admittedly falsely implicated-Suspicious circum stance.   Recovery---Crime cartridges recovered by boy of nine years from scene of crime immediately after escape of culprits-Handed over to police "next day" though police had reached spot during night-Delay unexplained-Suspicious circumstance.   Recovery---Particular gun not proved to have been recovered from particular accused - Ballistic expert's evidence connecting particular cartridge with particular gun-Valueless.   Witness---Eye-witnesses, interested-Exceptionally strong corroboration necessary, which is almost by itself sufficient to establish guilt.  JUDGMENT   FAZLE-AKBAR, J.-This appeal was brought by special leave from a judgment of the High Court of West Pakistan at Peshawar which reversed the order of convictions passed by the Additional Sessions Judge, Mardan and acquitted the six accused persons. They were charged with the murders and other offences alleged to have been committed on the evening of 9th April 1958. They are respondents 1 to 6 in this appeal.   The first five respondents are connected among themselves by ties of relationship. Respondents Mirza Ali, Sakhi and Ghani are brothers and their two sisters are married to respondents Gulab and Mir Aslam respectively. The sixth respondent Hikmat Shah is their friend. The motive for the formation of the unlawful assembly was to take revenge upon Qalandar with whom they had long-standing enmity.   The case for the prosecution was that just after sunset on the 9th April 1958, when eight persons, namely Qalandar, Hamid Khan, Zabta Khan,…
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