| Citation(s) |
|---|
| 1979 SLG 826 1979 SLD 826 1979 PLD 869 |
Supreme Court of Pakistan
Criminal Appeal No. K 14 of 1978, decided & hearing on 05-05-1979. (On appeal from the judgment and order of this Court in C. P. S. L. A No. K 19 of 1975, Dated 4 8 1975).
DORAB PATEL, JUSTICE G. SAFDAR SHAH, JUSTICE KARAM ELAHAE CHAUHAN, JUSTICE
A. K Brohi, Senior Advocate and A. Aziz Dastgir, Advocate on Record for Appellants. Sh. Riaz Ahmad, Asstt. A. G. for the State.
Criminal Appeal No. K 14 of 1978, decided & hearing on 05-05-1979. (On appeal from the judgment and order of this Court in C. P. S. L. A No. K 19 of 1975, Dated 4 8 1975).
DORAB PATEL, JUSTICE G. SAFDAR SHAH, JUSTICE KARAM ELAHAE CHAUHAN, JUSTICE
A. K Brohi, Senior Advocate and A. Aziz Dastgir, Advocate on Record for Appellants. Sh. Riaz Ahmad, Asstt. A. G. for the State.
ALI HASSAN AND OTHERS
VS
THE STATE
Law: Pakistan Penal Code, 1860
Section: 149,302
Law: Constitution of Pakistan, 1973
Section: 185(3)
Penal Code (XLV of 1860) S. 302/149 read with Constitution of Pakistan (1973), Art. 185(3)-[Murder case] Appreciation of evidence First information report not promptly recorded and appearing to have been lodged after planning and deliberation All prosecution witnesses related inter se and to deceased Statements of prosecution witnesses suffering from common inherent fallacies, not independent, and not corroborated by any, independent evidence Occurrence taking place in pitch darkness of night and appearing to be not witnessed by prosecution witnesses---Recoveries supported only by one witness and such witness closely related to deceased Police investigation not straightforward one of accused having a hatchet injury on his back, such accused reaching police station prior to arrival of informant in instant case but his case not progressing Motive for commission of crime not attributable to accused but to complainant party to avenge insult caused to them by abduction of one of their womenfolk and their inability to recover her from accused party Injury on person of such accused not explained by prosecution Prosecution evidence otherwise also full of contradictions and improbabilities High Court not applying correct principles of law in matter of administration of justice, benefit of doubt in all material respects given to prosecution, various salient features of case omitted and not given due consideration, case decided with reference to weakness of defence instead of strength of prosecution, certain findings not supported by record and report of ballistic expert and medical opinion misread or not properly dealt with Appeal allowed. [Evidence]. THIS JUDGMENT DELIVERED BY: KARAM ELAHEE CHAUHAN, J. (1) Ali Hassan, (2) Daim sons of Muhammad Khoso, (3) Ali Sher son of Bahadur Khoso, (4) Moharram son of Arab Khoso; (5) Bahadur son of Daim Khose and (6) Arab son of Hussain Khoso were tried by the learned Additional Sessions Judge, Daku, for the murder of two brothers, namely Ghulam Kadir and Ghulam Hussain. The learned Additional Sessions Judge by means of his judgment and order dated 9 2 1973 acquitted Arab but convicted the rest of the accused under section 302/149,…
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