| Citation(s) |
|---|
| 1983 SLG 287 1983 SLD 287 1983 SCMR 1155 |
Supreme Court of Pakistan
Criminal Petitions Nos. 313, 329, 343 of 1980, decision dated: 11-06-1983.(Against the orders/judgments of the Lahore High Court, Lahore, dated 9 4 1980 passed in Criminal Appeal No. 130 of 1978, and Murder Reference No. 91 of 1978, and Criminal Revision
ASLAM RIAZ HUSSAIN, NASIM HASAN SHAH AND M S. H. QURAISHI, JJ
D. M. Awan with Sh. Abdul Karim, Advocate on-Record for Petitioner (in Cr. P. No, 313 of 1980). S. A. Manan, Advocate Supreme Court with Tanvir Ahmad, Advocate-on-Record for Petitioner (in Cr. P. Nos. 329 and 343 of 1980). Nemo for
Respondent No. 1. Bashi
Criminal Petitions Nos. 313, 329, 343 of 1980, decision dated: 11-06-1983.(Against the orders/judgments of the Lahore High Court, Lahore, dated 9 4 1980 passed in Criminal Appeal No. 130 of 1978, and Murder Reference No. 91 of 1978, and Criminal Revision
ASLAM RIAZ HUSSAIN, NASIM HASAN SHAH AND M S. H. QURAISHI, JJ
D. M. Awan with Sh. Abdul Karim, Advocate on-Record for Petitioner (in Cr. P. No, 313 of 1980). S. A. Manan, Advocate Supreme Court with Tanvir Ahmad, Advocate-on-Record for Petitioner (in Cr. P. Nos. 329 and 343 of 1980). Nemo for
Respondent No. 1. Bashi
Cr. P. No. 313 of 1980 SULTAN alias SULLA
VS
THE STATE Cr. P. No. 329 of 1980 SALEH MUHAMMAD Vs MUHAMMAD HUSAIN Cr. P. No. 343 of 1980 SALEH MUHAMMAD Vs MANDI
Law:
Section:
Constitution of Pakistan (1973 )--Art. 185(3) read with Penal Code (XLV of 1860), S. 302/34 and Criminal Procedure Code (V of 1898), S. 417 Murder Appeal against conviction Acquittal Appeal against Petitions for leave to appeal Contentions raised on behalf of petitioners having weight and needing further consideration Leave to appeal granted to determine whether Courts below had appraised evidence in conso¬nance with well established principles applicable to appraisal of evidence in criminal cases. ORDER ASLAM RIAZ HUSSAIN, J. This order shall dispose of (1) Cr. P. No. 313 of 1980 filed by Sultan against his conviction under section 302. P. P. C. for the murder of Sardara (deceased) ; (2) Cr. P. 329 of 1980 filed by Saleh Muhammad (P. W. 18) against the acquittal of Muhammad Hussain by the High Court of the charge of murder of Zafar Iqbal (deceased) and (3) Crl. P. No. 343 of 1980 filed by Saleh Muhammad (P. W. 18) against the acquittal of ten c9 aqcu$ed named therein as respondents by the learned Sessions Judge and the dismissal of his revision by the High Court vide order, dated 6 4 1980. 2. The facts briefly are that Sultan and Muhammad Hussain were tried along-with 10 others (respondents in Crl. P. No. 343 of 1980) for the murder of Muhammad Hayat, Sardara and War Iqbal. 3. The motive is stated to be that about 5 years earlier, Saleh Muhammad had abducted Mst. Sattan daughter of Shera and sister of Sultan accused. After the abduction of Mst. Sattan, Saleh Muhammad took her to the house of one Hayat who played a dirty trick on him and got him arrested for an offence under the Arms Ordinance and kept the girl himself, whom he subsequently married. It is alleged that the accused had nursed grievance against Saleh Muhammad and wanted to punish him. 3 A. The occurrence is divided in two parts. The first occurrence took place at the Behak of Muhammad Hayat (deceased). According to the prosecution Muhammad Hussain (accused) armed with 12 bore gun, went to the Behak of Muhammad Hayat (deceased) and fired a shot at him, as a result of which he fell down. Muhammad Hussain thereupon raised a lalkara that he had done the job. On this Sultan, Muhammad Ali, Shera, Fatta…
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