Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), Ss. 302/149, 452/148 149--Leave to appeal granted to examine correctness of of High Court whereby conviction of six accused under Ss. 302/149 & 452/149/148 was maintained and that of seven others set aside. (b) Penal Code (XLV of 1860)-----Ss. 302/149 & 452/149/148--Extra-judicial confession proved by prosecution witness who enjoyed no position of trust or confidence and was inimical to family of accused due to civil litigation between his brother and deceased--Such confession not inspiring confidence and not sufficient in circumstances of case to record conviction--Recovery witness produced in case, apart from Investigating Officer, stating that he was tortured by Police who asked him to sign recovery memo which he did--Reliance was placed on statement of Investigation officer about whom another prosecution witness stated that he was bribed by accused and he spoiled first information report--Eye-witnesses not giving a consistent account and inconsistencies not explained plausibly--Claim of witnesses to be eye-witnesses of occurrence remaining in serious doubt--Conviction of accused, held, could not be sustained on material on record as well as for safe administration of justice--Conviction and sentence set aside. Criminal Appeal No. 154 of 1983 Ghulam Sarwar Chaudhry, Advocate Supreme Court with Pervez Alamgir, Advocate Supreme Court for Appellant. Ch. Asghar Ali, Advocate Supreme Court with Mahmood A. Qureshi, Advocate-on-Record (absent) for Appellant No. 3. Mian Inamul Haq, Advocate Supreme Court with M. Yousaf Khan, Advocate-on-Record (absent). Criminal Appeal No. 155 of 1983 Ch. Attaullah, Advocate (absent) for Appellant. Ghulam Sarwar, Advocate Supreme Court with Mahmood A. Qureshi, Advocate-on-Record (absent) for Respondents Nos. 1 to 10. Date of hearing: 7th October, 1985. JUDGMENT SHAFIUR RAHMAN, J.--Leave to appeal was granted to four out of six convicts who sought leave to appeal and also to the complainant to examine the correctness of the judgment of the Lahore High Court, dated 11th of July, 1979 whereby the conviction of six accused under sections 302/149,…

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