| Citation(s) |
|---|
| 1981 SLG 3037 = 1981 SLD 3037 = 1981 SCMR 69 |
Supreme Court of Pakistan
Criminal Petition No. 23 of 1980, decided on 1st November, 1980. (On appeal from the judgment and order dated 1-10-1979 of the Lahore High Court in Cr. Appeal No. 1008/77 (M. R. No. 250/77).
Presented By: Anwarul Haq, C. J., Aslam Riaz Hussain and Shafi-ur-Rehman, JJ
S. M. Zafar, Senior Advocate with Tanvir Ahmad, Advocate-on-Record for Petitioners. Waheeduddin Virk, Senior Advocate with Sh. Abdul Karim, Advocate-on-Record for the Complainant . Nemo for the State.
Criminal Petition No. 23 of 1980, decided on 1st November, 1980. (On appeal from the judgment and order dated 1-10-1979 of the Lahore High Court in Cr. Appeal No. 1008/77 (M. R. No. 250/77).
Presented By: Anwarul Haq, C. J., Aslam Riaz Hussain and Shafi-ur-Rehman, JJ
S. M. Zafar, Senior Advocate with Tanvir Ahmad, Advocate-on-Record for Petitioners. Waheeduddin Virk, Senior Advocate with Sh. Abdul Karim, Advocate-on-Record for the Complainant . Nemo for the State.
LIAQAT ALI AND ANOTHER-Petitioners
VERSUS
THE STATE-Respondent
Law: Penal Code (XLV of 1860)
Section: 302
Law: Criminal Procedure Code (V of 1898)
Section: 423
(a) Penal Code (XLV of 1860) S. 302-[Murder-case]-Appreciation of evidence-Incident taking place in broad daylight in an inhibited locality witnessed not only by deceased's father but also by at least three other persons-Witnesses satisfactorily explaining their presence at or near spot of occurrence and having no motive to give false evidence-Deceased's father also not having any such motive, alleged dispute allegedly occurring previously being not of such nature as to create any ill-will in his mind-Even petitioner's counsel finding it difficult to assail concurrent finding of Courts below as to veracity of account furnished by eye witnesses - Petitioner, in circumstance, held, rightly convicted. [Evidence-Witness]. (b) Criminal Procedure Code (V of 1898) S. 423 read with Penal Code (XLV of 1860), S.302-[Murder case]-Additional evidence-Permission sought in Supreme Court to produce some documents as additional evidence to establish petitioner's contention as to connection of eye-witnesses with person allegedly responsible for manoeuvring prosecution against petitioners -I~ Documents thus sought to be produced neither produced in trial Court nor any request made in that regard before High Court- Documents even otherwise not establishing such connection-Request for production of additional evidence in circumstances rejected. [Evidence]. Date of hearing : Ist November 1980. ORDER ANWARUL HAQ, C. J.-The two petitioners Liaquat and Khadim Hussain were convicted by the learned Sessions Judge, Sahiwal, for the murder of Yousuf son of Nizam Din (P. W. 13), and each of them was sentenced to death, besides being required to pay fine and compensation in varying amounts. Their convictions and sentences have been…