| Citation(s) |
|---|
| 1985 SLG 436 1985 SLD 436 1985 SCMR 216 |
Supreme Court of Pakistan
Criminal Appeals Nos. 232 and 233 of 1980, decision dated: 17th November 1984. (On appeal from the judgment of the Lahore High Court dated 13-10-1979, passed in Criminal Appeal No.392 and Murder Reference 70 of 1977)
MUHAMMAD HALEEM, C.J., ASLAM RIAZ HUSSAIN, NASIM HASAN SHAH AND SHAFIUR REHMAN, JJ
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Criminal Appeals Nos. 232 and 233 of 1980, decision dated: 17th November 1984. (On appeal from the judgment of the Lahore High Court dated 13-10-1979, passed in Criminal Appeal No.392 and Murder Reference 70 of 1977)
MUHAMMAD HALEEM, C.J., ASLAM RIAZ HUSSAIN, NASIM HASAN SHAH AND SHAFIUR REHMAN, JJ
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SHAMMAN and others
VS
THE STATE and others
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Criminal Procedure Code (V of 1898)
Section: 417
Law: Pakistan Penal Code, 1860
Section: 149,302,307,449,149,000
(a) Constitution of Pakistan (1973)---Art. 185(3)--Penal Code (XLV of 1860), Ss.302/149, 307/149, 449, 149 & 148--Criminal Procedure Code (V of 1898); S.417--Murder--Appeal against acquittal--Leave to appeal granted to complainant for reconsideration of case regarding acquittal in order to examine whether in view of incriminating evidence against accused his acquittal had not resulted in miscarriage of justice--Leave was also granted in connected petition filed by convict accused against their convictions and sentences. (b) Penal Code (XLV of 1860)-- ---Ss.302/149, 307/149, 449, 149 & 148--Appreciation of evidence--Motive that there was a blood-feud between parties and some members of accused party had been murdered 1½ years earlier for which members of deceased party were suspected, fully established on record-Occurrence duly witnessed by prosecution witness who was admittedly an independent witness, having no relationship whatsoever with either side--Such witness had given a very detailed and consistent description of occurrence--Defence remained unable to bring out anything during cross-examination to shake his testimony--Testimony of such witness, held, to be believed.--[Evidence]. (c) Penal Code (XLV of 1860)-- ---Ss.302/149, 307/149, 449, 149 & 148--Appreciation of evidence--Eyewitnesses themselves sustaining injuries during incident--Presence of such witnesses at spot, held, fully established and their testimony was to be believed.--[Evidence]. (d) Penal Code (XLV of 1860)-- ---Ss.302/149, 307/149, 449, 149 & 148--Appreciation of evidence--No defect or flaw shown in testimony of prosecution witnesses--Testimony of such witnesses not only supported by evidence of motive and medical evidence but was also corroborated by testimony of wholly independent witness--Conviction of accused on basis of such evidence, held, not open to interference in circumstances.--[Evidence]. (e) Penal Code (XLV of 1860)-- ---Ss.302 & 149--Criminal Procedure Code (V of 1898), 5.417--Appeal against acquittal--Appeal barred by limitation by 8 days--No good ground made out for condonation of delay--Acquitted accused, in meantime having acquired valuable right…
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