Case Details

Citation(s)
1981 SLG 607 1981 SLD 607 1981 SCMR 1130
Supreme Court of Pakistan
Criminal Petitions for Special Leave to Appeal Nos. 98 and 116 of 1977, 7-ecided on 11-06-1980. (On appeal from the ,judgment of the Lahore High Court dated 27.4-1977)
ANWARUL HAQ, C.J., MUSHTAQ HUSSAIN AND SHAFI-UR-REHMAN, JJ
Khalid M. Ishaq, Advocate Supreme Court, Q. M. Saleem. Advocate Supreme Court and S. Wajid Hussain, Advocate-on-Record for Petitioner Nemo for the State.

LIAQUAT ALI

VS

THE STATE

Law:

Section:

(a) Penal Code (XLV of 1860)--- S. 302-Evidence, appreciation of-F. I. R. showing accused having used fire-arms in commission of offence and places of injuries caused on deceased specified-Incident taking place in broad daylight and recoveries made from accused-Medical evidence found in line with version given in F. 1. R.-Conviction maintained, in circumstances. (b) Criminal Procedure Code (~ of 1898)- -- S. 154-First Information Report-Supposed to contain a narrative of way incident takes place-Matters of such minute detail as closeness . of gun to target not essential part of F. 1. R. nor absence of mention of such points in any way derogatory to weight to be attached to same[First information report]. ORDER MUSHTAQ HUSSAIN, J.--Sarwar and Munawar Ali (P. W. 5) are brothers and residents of Niaz Beg in the area of Police Station, Choong, Lahore. Munawar Ali had engaged his sister Sughran Bibi to Mian Khan accused. His brother Sarwar did not approve of it and five or six days before the incident he engaged this very sister to Farzand's son who resides in Mauza Nangal within the area of Police Station, Muridke in District Sheikhupura. Mian Khan felt offended and he held out a threat to anybody trying to marry this girl away. 2. On the day of occurrence Sarwar borrowed a tractor from Muhammad Munir and started tilling his land at a distance of about seven acres in village Hathar. Munawar Ali (P. W. 5) was watering his rice fields nearby. 3. At about 11 a.m. the aforesaid Mst. Sughran Bibi, sister of Munawar Ali and Sarwar, brought their meals from the village and called Munawar Ali to partake of her meals. Munawar Ali (P. W. 5) started towards her when suddenly Mian Khan, Ghulam Hussain and Liaquat accused came on two horses from the side of Akbar's orchard. When they reached near Sarwar deceased they dismounted from their horses. Mian Khan and Liaquat were armed with ' 12 bore guns. Ghularn Hussain caught hold of the horses and shouted a lalkara calling upon the other two to open fire. Mian Khan fired from the '12 bore gun at Sarwar hitting him at the back of his left shoulder. Liaquat also fired with his '12 bore gun hitting Sarwar on the left side of his…
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