| Citation(s) |
|---|
| 1986 SLG 301 1986 SLD 301 1986 SCMR 74 |
Supreme Court of Pakistan
Jail Petition No. 49-R of 1984, decision dated: 26-10-1985. (On appeal from judgment and order of the Lahore High Court, Rawalpindi Bench, dated 12-6-1984, passed in Criminal Appeal No. 175 of 1981).
S. A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
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Jail Petition No. 49-R of 1984, decision dated: 26-10-1985. (On appeal from judgment and order of the Lahore High Court, Rawalpindi Bench, dated 12-6-1984, passed in Criminal Appeal No. 175 of 1981).
S. A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
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MUHAMMAD HAQ and anothers
VS
THE STATE
Law:
Section:
(a) Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 302/307/148/149-Petition for leave to appeal--Eye-witnesses close relations of deceased--Evidence of recovery witnesses disbelieved and ruled out of consideration--Out of nine persons charged, seven acquitted--Reappraisal of evidence appearing to be justified--Leave granted. (b) Limitation Act (IX of 1908)-----S. 5--Petition sent from jail barred by time--Delay condoned. OPINION S.A. NUSRAT, J.--This Jail Petition has been filed by two real brothers Muhammad Suleman and Muhammad Haq against the judgment of the Lahore High Court, Rawalpindi Bench dismissing their appeal against the conviction and sentence of life imprisonment awarded to them by the Additional Sessions Judge, Jehlum by order, dated 5-9-1981. 2. I have gone through the impugned judgment of the trial Court as well as the learned High Court. 3. In the F.I.R. lodged by complainant Nazir Ahmed, as many as 9 persons were charged with the commission of the offence. The trial Court convicted the two petitioners and one Muhammad Qasim under section 302/34 of the Pakistan Penal Code and other six were acquitted. Muhammad Qasim was acquitted by the High Court. 4. Theβ¦
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