| Citation(s) |
|---|
| 1980 SLG 216 1980 SLD 216 1980 SCMR 247 |
Supreme Court of Pakistan
Criminal Appeal No. 162 of 1977, decision dated: 22nd May 1979. (On appeal from the judgment and order of the Peshawar High Court dated 5th May 1976, in Criminal Appeal No. 145 of 1975).
DORAB PATEL, ASLAM RIAZ HUSSAIN AND NASIM HASAN SHAH, JJ
Mian Zia-ud-Din, Advocate and Amirzada Khan, Advocate on-Record for Appellant. Ibne Ali, Additional Advocate General (N.W.F.P.) for the State.
Criminal Appeal No. 162 of 1977, decision dated: 22nd May 1979. (On appeal from the judgment and order of the Peshawar High Court dated 5th May 1976, in Criminal Appeal No. 145 of 1975).
DORAB PATEL, ASLAM RIAZ HUSSAIN AND NASIM HASAN SHAH, JJ
Mian Zia-ud-Din, Advocate and Amirzada Khan, Advocate on-Record for Appellant. Ibne Ali, Additional Advocate General (N.W.F.P.) for the State.
ABDUL RAUF AND OTHERS
VS
THE STATE
Law:
Section:
Penal Code (XLV of 1860) -----Ss. 302 & 304 (I) [Murder case] Appreciation of evidence Material improvements between evidence of prosecution witness M in committal Court and his statement under S. 164, Cr. P. C. Prosecution witnesses M and S being charged for murder of father of some accused appellants and being absconders not summoned to give evidence in Sessions Court Police statement of witness At recorded after a delay of three days and High Court not relying upon his evidence Prosecution witness R an interested witness being related to deceased and none of prosecution witnesses referring to him as eye witness Prosecution witness I also not a disinterested witness, having a weak memory, and his evidence in Sessions Court inconsistent with his police statement¬ Dispute between parties if really emanating in manner alleged by prosecution appellants possessed motive for attacking deceased but position taken by witness 1 in Sessions Court completely inconsistent with his police statement Witness also falsely repudiating his state¬ment to police Prosecution case for motive supporting plea of accused appellants Medical evidence not throwing any light on origin of fight Several independent witnesses of .occurrence available but not examined by prosecution Doctor in whose presence dying declaration recorded contradicting contents of dying declaration Prosecution, held, failed to prove appellants having made a premeditated attack on deceased, affair a chance encounter leading to a sudden fight and appellants not guilty of murder Appellants in circumstances convicted under S. 304, Part I. [Evidence]. JUDGMENT DORAB PATEL, J. There was a fight on the 24 10473 in village Balo in Peshawar district in which seven persons were killed and several others were injured by firearms. On the side of the prosecution in this appeal, Ghulam Jan, his sons Muhammad Aslam Khan and Asghar. Khan, his son in law Hafeezullah and his sister in law Mst. Rani were all killed by gunshot wounds. On the side of the appellants, one Nausherwan and one Mst. Zulekha were killed, whilst three of the appellants and two other persons were injured by fire arms. The first report of this occurrence…
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