| Citation(s) |
|---|
| 1986 SLG 706 1986 SLD 706 1986 SCMR 1052 |
Supreme Court of Pakistan
Criminal Appeals Nos. 11-P and 12-P of 1984, decision dated: 18-02-1986. (On appeal from the judgment and order of the Peshawar High Court, dated 12-12-1982, in Cr. Appeals 318 of 1978 and 10 of 1980).
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
M. Zahoorul Haq, Advocate Supreme Court for Appellant. M. Shafiq Khan, Advocate Supreme Court with Nazir Ahmad, A.A.G (N.W.F.P.) for the
Respondents.M. Zahoorul Haq, Advocate Supreme Court for Appellant. M. Shafiq Khan, Advocate Supreme Court with Nazir
Criminal Appeals Nos. 11-P and 12-P of 1984, decision dated: 18-02-1986. (On appeal from the judgment and order of the Peshawar High Court, dated 12-12-1982, in Cr. Appeals 318 of 1978 and 10 of 1980).
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
M. Zahoorul Haq, Advocate Supreme Court for Appellant. M. Shafiq Khan, Advocate Supreme Court with Nazir Ahmad, A.A.G (N.W.F.P.) for the
Respondents.M. Zahoorul Haq, Advocate Supreme Court for Appellant. M. Shafiq Khan, Advocate Supreme Court with Nazir
PIRZADA
VS
Mst. ABDUL MARJAN and another
Law:
Section:
(a) Constitution of Pakistan (1973)-----Art. 185(3)--Criminal Procedure Code (V of 1898), S. 417--Penal Code (XLV of 1860), S. 302/34--Leave to appeal granted to consider reappraisal of entire evidence on grounds urged by State. (b) Criminal Procedure Code (V of 1898)-----S. 417--Penal Code (XLV of 1860), S. 302/34--Acquittal--No defect or other infirmity existing in reappraisal of evidence by High Court which was in accordance with settled principles laid down by Supreme Court--Evidence of prosecution witnesses not convincing--Nothing substantial was pointed out to disbelieve view of trial Court about ocular testimony which was entitled to due weight by trial Court who had advantage of seeing witnesses deposing in its presence--Order of acquittal passed by trial Court upheld. JUDGMENT ZAFFAR HUSSAIN MIRZA, J.--These two appeals by leave of this Court arise out of a consolidated judgment of the Peshawar High Court, dated 12th December, 1982, whereby two acquittal appeals filed by the State against the respondents were dismissed. 2. The occurrence in this case is said to have taken place on 6th July, 1977, at about 8 a.m., when Wazir Muhammad deceased was present in his house alongwith his brother Pirzada (P.W). In the meantime accused Mst. Abdul Marjan came at the door of his house and informed Wazir Muhammad deceased that some guests were calling him outside. The deceased went out followed by Pirzada (P.W.). According to the latter when he reached the door of the house, he saw in the lane accused Hayat Khan armed with dagger while accused Muhammad Amin and Shireen were armed with pistols. In his presence accused Mst. Abdul Majran called upon the other three accused to kill the deceased. Thereupon accused Hayat Khan opened the attack by inflicting dagger blows to the deceased followed by accused Muhammad Amin and Shireen firing three shots at the deceased with their pistols. Deceased fell on the ground as a result of these injuries and breathed his last on the spot. The motive for the crime, according to the prosecution, was that Mir Azam son of the accused Mst. Abdul Marjan had sold one Kanal of land to Wazir Muhammad deceased. The accused, however, were…
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