| Citation(s) |
|---|
| 1982 SLG 131 1982 SLD 131 1982 SCMR 28 |
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No. 47 of 1979, decision dated: 19-03-1980. (On appeal against the judgment and order, dated 28-1-1979 of the Lahore High Court in Criminal Appeal 64/77/M. R. No. 149/77)
ASLAM RIAZ HUSSAIN AND KARAM ELAHEE CHAUHAN, JJ
S. A. Saeed, Advocate Supreme Court and Ch. M. Aslam, Advocate-on-Record for Petitioner. Nemo for the State.
Criminal Petition for Special Leave to Appeal No. 47 of 1979, decision dated: 19-03-1980. (On appeal against the judgment and order, dated 28-1-1979 of the Lahore High Court in Criminal Appeal 64/77/M. R. No. 149/77)
ASLAM RIAZ HUSSAIN AND KARAM ELAHEE CHAUHAN, JJ
S. A. Saeed, Advocate Supreme Court and Ch. M. Aslam, Advocate-on-Record for Petitioner. Nemo for the State.
ISRAR HUSSAIN
VS
THE STATE
Law:
Section:
Penal Code (XLV of 1860)---S. 302-[Murder-case]-Appreciation of evidence-Contention inter alia that appellant would not have entered to have commit an outrage on deceased girl while her father sat outside house-Petitioner knowing girl being alone in house, possibly tried to avoid of opportunity under impression that she would co-operate-Number of injuries inflicted on deceased indicating there having been more to matter than admitted by father-Appellant probably a rejected lover acting in desperation-Father of girl a natural witness and other witnesses independent-Fact of one of witnesses being a previous convict does not necessarily make him a false witness particularly when his testimony supported by other witnesses and circumstances Discrepancies pointed out in testimony of eye-witnesses minor in nature and not detracting from their testimony-Case, held, not fit for -reappraisal of evidence and petition for leave to appeal dismissed Constitution of Pakistan (1973), Art. 185(3)-[Evidence]. ORDER ASLAM RIAZ HUSSAIN, J.-This petition by Israr Husain is directed against the judgment dated 28-1-1979 of the Lahore High Court whereby his appeal was dismissed and his conviction and sentence under section 302, P. P. C. was maintained. 2. The allegation against the petitioner is that he entered the house of Haji Abdul Aziz, P. W. 7 with a view to outrage the modesty of his daughter Mst. Azra Bibi, aged about 18 years, and when she offered resistance, he stabbed her to death. The occurrence took place on 12-3-19.'4 at about 12 noon when Mst. Azra was alone in the house and her father Haji Abdul Aziz, P. W. 7 was sitting on a cot under a tree outside his house in the village along with Abdul Hamid P. W. 8 and Abdul Sattar P. W. 9. 3. On hearing the shrieks of the girl, all three of them rushed to the spot and saw the petitioner giving knife injuries to Mst. Azra. They overpowered and apprehended him at the spot along with his blood-stained knife, P. 1. He was then taken to the police station and was produced before Ahmad Salim, S. H. O. P. W. 11 along with his knife. The S. H. O. arrested him and took into possession the aforementioned knife which was found,…
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