| Citation(s) |
|---|
| 1975 SLG 3096 = 1975 SLD 3096 = 1975 PLD 160 |
Supreme Court of Pakistan
Criminal Appeal No. 43 of 1970, decided on 18th February 1975. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 17-10-1967 in Criminal Appeal No. 26 of 1967).
Presented By: Muhammad Yaqoob Ali, Salahuddin Ahmed and Muhammad Afzal Cheema, JJ
Sikandar Hayat v. Ata and 3 others P L D 1970 S C 224 ref. Iftikhar-ul-Haq Khan, Advocate Supreme Court instructed by Ijaz Ali, Advocate-on-Record for Appellant and
Respondent No. 2. Sh. Shafi, Senior Advocate instructed by M. A. Karim, Advocate-on -Record for
Respondent No. 1.
Criminal Appeal No. 43 of 1970, decided on 18th February 1975. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 17-10-1967 in Criminal Appeal No. 26 of 1967).
Presented By: Muhammad Yaqoob Ali, Salahuddin Ahmed and Muhammad Afzal Cheema, JJ
Sikandar Hayat v. Ata and 3 others P L D 1970 S C 224 ref. Iftikhar-ul-Haq Khan, Advocate Supreme Court instructed by Ijaz Ali, Advocate-on-Record for Appellant and
Respondent No. 2. Sh. Shafi, Senior Advocate instructed by M. A. Karim, Advocate-on -Record for
Respondent No. 1.
Syed MUSHTAQ AHMAD-Appellant
VERSUS
SIDDIQULLAH AND OTHERS-Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 417
Law: Penal Code (XLV of 1860)
Section: 302
Law: Constitution of Pakistan, 1973
Section: 185(3)
(a) Appeal to Supreme Court Appeal against acquittal of person charged with offence of murder-- Murder case resting principally on testimony of two eye-witnesses, medical evidence, motive and fact of absconding of accused after occur rence-Conviction recorded by trial Court-High Court (in appeal against conviction) setting aside conviction and acquitting convict on ground that (i) eye-witness asserted that two shots were fired whereas medical evidence showed that more than two shots were fired; (ii) pre sence of undigested food in deceased's stomach incompatible with time of incident; (iii) eye-witness related to deceased, (iv) motive in circumstances immaterial-Appeal against acquittal to Supreme Court-Supreme Court set aside acquittal and held : (per majority) witness to be believed or disbelieved on reasonable ground and not on mere speculations; mere relationship with deceased no ground for disbelieving testimony of eye-witness : testimony of eye-witness was supported by motive, medical evidence and fact that accused absconded after occurrence-[Per Muhammad Afzal Cheema, J. dissenting] mere possibility that Supreme Court on reappraisal of evidence and facts and circumstances of case might reach a different conclusion-Not good enough to justify interference with judgment of acquittal-Criminal Procedure Code (V of 1898), S. 417-Penal Code (XLV of 1860), S. 302. Siraj Din v. Kala and another P L D 1964 S C 26 ref. (b) Penal Code (XLV of 1860) S. 302-Acquittal by High Court-Questions: (i) whether High Court rejecting evidence of eye-witnesses had disregarded principles governing appeal filed under S. 417, Cr. P. C., and (ii) whether elements of doubt regarding prosecution evidence were formulated by High Court on reasonable basis-Special Leave to Appeal granted by Supreme Court. (c) Constitution of Pakistan (1973) Art. 185(3)-Special Leave to Appeal granted-Appeal to be treated completely on equal. footing with appeal filed as of aright. (d) Criminal trial Motive-Absence or weakness of motive, in presence of ocular testimony-Immaterial. (e) Criminal appeal Abandonment of-Appeal against acquittal (filed by private com plainant) by Special Leave of Supreme…