Case Details

Citation(s)
1982 SLG 639 1982 SLD 639 1982 SCMR 1146
Supreme Court of Pakistan
Criminal Appeal No. 62 of 1978, decision dated: 9-12-1981. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 19-02-1976 in Criminal Appeal No. 15/75/RWP.)
MUHAMMAD HALEEM. M. AFZAL ZULLAH AND SHAH NAWAZ KHAN, JJ
Qazi Muhammad Salim, Advocate, instructed by S. Inayat Hussain, Advocate-on-Record (absent) for Appellant. M. Kowkab Aqbal, Advocate Supreme Court for the State.

NAZIR AHMAD AND ANOTHER

VS

THE STATE

Law:

Section:

Penal Code (XLV of 1860)---S. 302/201 /34-Murder-Causing disappearance of evidence-Appre­ciation of evidence-Prosecution case resting on evidence of motive, evidence of approver, last seen evidence, circumstantial evidence and extra judicial confession-Female accused appellant developing illicit relations with male accused appellant-Appellants with a view to get rid of husband of female appellant in collusion with other taking female accused's husband out of village on some pretext murdering him and burying dead body in a plot-Female accused's husband (deceased), being an old man and male accused being a young man illicit relation­ship between two not only natural but also suspected since some time past-Watch and purse of deceased recovered at female accused's instance from underneath bricks in courtyard of her house-High Court placing full reliance on extra judicial confession made by male accused before some witnesses corroborating each other in substance-Both Courts below consistent in holding male accused having murdered deceased and concealed his dead body after burying it in a deep pit. Male accused appellant, held, rightly convicted for offences under Ss. 302 and 201, P. P. C. and case under S. 201- although fully made out against female accused yet her involvement in murder not proved beyond any shadow of doubt. JUDGMENT SHAH NAWAZ KHAN, J -Nazir Ahmad son of Badar Din, caste Jat, resident of Chak No. 41/D. B. Jalal son of Ahmad Din, caste Chuhan of the same chak and Mst. Sardaran widow of Muhammad Ibrahim, deceased, also of the same chak, were tried in the Court of Sessions Judge, Bahawalpur on the charges that they an furtherance of their common intention committed the murder of Muhammad Ibrahim, and then they buried him with the intention of screening themselves from legal punishment. At the conclusion of the trial, the, Sessions Judge of Bahawalpur held theft three persons guilty of offences for which they were charged for, therefore, convicted them and sentenced path one to life imprisonment for offence under section 302/34, P. P. C. All the three accused were also sen­tenced to undergo R. I. for two years each for offence under section 201/34, P.…
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