| Citation(s) |
|---|
| 1980 SLG 257 1980 SLD 257 1980 SCMR 348 |
Supreme Court of Pakistan
Criminal Petition No. 87 R/1979, decision dated: 2-12-1979. (On appeal from the judgment and order dated 15 1 1979 of the Lahore High Court at Lahore in Criminal Appeal No. 131 of 1971/Murder Reference No. 39 of 1977)
ANWARUL HAQ, C.J. AND MUHAMMAD AFZAL ZULLAH, J
Mujeebur Rehman, Advocate Supreme Court and Ch. Akhtar Ali, Advocate on-Record. Nemo for the State.
Criminal Petition No. 87 R/1979, decision dated: 2-12-1979. (On appeal from the judgment and order dated 15 1 1979 of the Lahore High Court at Lahore in Criminal Appeal No. 131 of 1971/Murder Reference No. 39 of 1977)
ANWARUL HAQ, C.J. AND MUHAMMAD AFZAL ZULLAH, J
Mujeebur Rehman, Advocate Supreme Court and Ch. Akhtar Ali, Advocate on-Record. Nemo for the State.
MUHAMMAD TAJ AND ANOTHERS
VS
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860) ----- S. 302 Murder Evidence Defence not denying major aspects of prosecution case as deposed by natural witness Recoveries of blood stained clothes and; weapons of offence at instance of accused/petitioner and conduct and manner of arrest several days after occurrence, held, enough corroboration qua participation of petitioners. [Evidence]. (b) Penal Code (XLV of 1860) ---- S. 302 Murder Evidence Circumstances of case, motive on part of petitioners, number of injuries on deceased and weapons used, held, furnish adequate corroboration to come to safe conclusion of petitioners being aggressors No justification held for extending them even benefit of doubt in such behalf. [Benefit of doubt]. (c) Criminal Procedure Code (V of 1898) ----- S. 465 Insanity Petitioner defended by counsel Plea of insanity qua occurrence not raised before Courts below Question of unsoundness of mind regarding trial, held, does not merit any serious consideration Reliance on S. 465, Cr. P. C. of no help to petitioner Accused when appearing to Court at his trial to be of unsound mind and consequently incapable of making his defence only then a regular proceeding in such behalf to be conducted.[Insanity]. JUDGMENT MUHAMMAD AFZAL ZULLAH, J. Leave to appeal from the judgment of the Lahore High Court dated 15th January, 1979 has been sought by two convicts in a case involving four murders. The petitioners are brother inter se. They were convicted for the murders of: Muhammad Afzal the brother of Taj petitioner's wife Mst. Bhagan; the latter herself; Sher Zaman an uncle of Afzal deceased; and, Fazal Karim his relation. Jehandad, Mst. Fatema (parents of the petitioners), Mst. Imtiaz Begum and Mst. Saidan (sisters of petitioners) were also tried but they were acquitted on benefit of doubt Jehandad also by way of abundant caution: Taj petitioner used a kulhari while Riaz had a spear, handle whereof was broken in the occurrence and then the same was used as a lathi. Both the parties also resorted to stone throwing at each other wherein Taj petitioner, Jehandad, Mst. Fatema and Mst. Saidan were also injured. The complainant side suffered nearly forty injuries. Some of…
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