| Citation(s) |
|---|
| 1981 SLG 3036 = 1981 SLD 3036 = 1981 PLD 321 |
Court of Special Judge, Karachi
Criminal Acquittal Appeal No. 56 of 1976 (Karachi) and Criminal Acquittal Appeal No. 11 of 1979 (Sukkur), decided on 12th November "1980.
Presented By: Naimuddin and G: M: Kourejo, JJ
Sarfraz Ahmed, Asstt. A.-G. for the State. Dawood A. Baloch for
Respondents. Agha .Ghulamally for the Complainant.
Criminal Acquittal Appeal No. 56 of 1976 (Karachi) and Criminal Acquittal Appeal No. 11 of 1979 (Sukkur), decided on 12th November "1980.
Presented By: Naimuddin and G: M: Kourejo, JJ
Sarfraz Ahmed, Asstt. A.-G. for the State. Dawood A. Baloch for
Respondents. Agha .Ghulamally for the Complainant.
STATE-Appellant
VERSUS
BASHAM AND 2 others-Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 417
Law: Penal Code (XLV of 1860)
Section: 302
(a) Criminal Procedure Code (V of 1898) S. 417-Appeal against acquittal-Independent available evidence suppressed for obvious reasons, ocular evidence interested, suffering from serious infirmities and going without corroboration-Trial Court, held, rightly disbelieved such evidence. Link State v. S. Umed All and others P L D 1967 Kar. 440 ref. (b) Penal Code (XLV of 1860) S. 302-Murder-Circumstantial evidence-Delay of five months in sending sealed parcel containing gun and crime empties to Ballistic Expert not accounted for-Recoveries, held, doubtful and no. safe reliance could be placed thereon, possibilities of manipulation being not ruled out.-[Recovery-Delay]. Link Rehman and others v. State P L D 1968 Lab. 464 ; Muhammad Saleem v. The State 1968 P Cr. L J 538 and Ghulam Hussain and 2 others v. The State 1968 P Cr. L J 685 ref. (c) Criminal Procedure Code (V of 1898) S. 417-Appeal against acquittal-Evidence on capital charge in order to carry conviction must come from unimpeachable source or be supported by some strong circumstances-Finding of trial Court with regard to acquittal not appearing to be perverse and prosecution clearly failing to prove guilt of opponents beyond reasonable doubt?? Appeal against acquittal dismissed.-[Appeal ' against acquittal]. Link Dates of hearing : 1st to 4th November, 1980. JUDGMENT G. M. KOUREJO, J.-This is an appeal under section 417, Cr. P. C. by the State and is directed against the judgment of acquittal passed by Ex-Officio Additional Sessions Judge, Jacobabad (Mr. Fakhruddin Haleemuddin Shaikh) acquitting the three opponents of offence punishable under section 302 read with section 34, P. P. C. and 13-D of Arms Ordinance for causing murder of Muhammad Rafique Bajkani by firing at him with gun on 25-12-1972 at 1-00-p.m., in Deb Baragh near the 'Karia' of Noor Hassan Bajkani, Taluka Kandhkot. 2. The relevant facts for the disposal of…