| Citation(s) |
|---|
| 1983 SLG 196 1983 SLD 196 1983 SCMR 978 |
Supreme Court of Pakistan
Criminal Appeals Nos. 175 and 242 of 1977, decision dated: 19-06-1983.(On appeal from the judgment and order 23 2 1976 of Lahore High Court Cr, A. 501/502 and M. R. 136/75)
MUHAMMAD HALEEM, MUHAMMAD AFZAL ZULLAH, SHAFIUR RAHMAN AND MIAN BURHANUDDIN KHAN, JJ
Asif Husain Sidiqui, Advocate Supreme Court for Appellant. Ch. Ghulam M. Ahmad, Advocate Supreme Court for the State
Criminal Appeals Nos. 175 and 242 of 1977, decision dated: 19-06-1983.(On appeal from the judgment and order 23 2 1976 of Lahore High Court Cr, A. 501/502 and M. R. 136/75)
MUHAMMAD HALEEM, MUHAMMAD AFZAL ZULLAH, SHAFIUR RAHMAN AND MIAN BURHANUDDIN KHAN, JJ
Asif Husain Sidiqui, Advocate Supreme Court for Appellant. Ch. Ghulam M. Ahmad, Advocate Supreme Court for the State
Kh. AZHAR HUSSAIN AND ANOTHER
VS
THE STATE
Law:
Section:
(a) Constitution of Pakistan (1973) ---Art. 185(3) Penal Code (XLV of 1860), Ss. 302/34 & 307/34 Leave to appeal granted on ground that complainant and other members of her family who appeared as eye witnesses against accused (petitioner) were enraged and had inimical feelings towards accused thus their evidence was tainted. (b) Penal Code (XLV of 1860} ---Ss. 302/34 & 307/34 Constant charge against accused in shape of testimony of prosecution witnesses and nothing found discrediting testimony of such witnesses Presence of such witnesses on spot also unquestionable all being injured and inmates of house where crime was perpetrated Held, no reason for such witnesses can be found to falsely implicate accused in crime. (c) Penal Code (XLV of 1860) ----Ss. 302/34 & 307/34 Accused and companions entering house of deceased with fire arms like step guns and revolvers, held, shows that they did not come there on innocent mission Evidence on record also showing that while entering house police also shouted at accused party to stop firing but when accused party did not stop firing police also opened fire thus causing death of one of accused persons Someone out of inmates of house firing at accused party, held, well within right to do so. (d) Penal Code (XLV of 1860) ----Ss. 302/34 & 307/34 Co accused given benefit of doubt by trial Court being away from city on day of occurrence Held, will not make any difference on case of accused against whom there is direct evidence of injured witnesses and other inmates of house where occurrence took place. (e) Penal Code (XLV of 1860) ----S. 302/34 Supreme Court Rules, 1980, O. XXIII, r. 8 read with O. XXII Accused (appellant) admitted in mental hospital for treatment from where he managed to escape before hearing of appeal before Supreme Court Appeal dismissed by Supreme Court, accused being fugitive from law. [Abscondence]. Hayat Bakhsh v. State 1981 S C M R 1209 fol. JUDGMENT MIAN BURHANUDDIN KHAN, J. Khawaja Azar Hussain and Muhammad Aslam appellants, along-with others, were tried on three counts by the Additional Sessions Judge, Lahore under section 302 read with !49 and under section 452 read with 148, 307/149,…
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