Case Details

Citation(s)
1987 SLG 245 1987 SLD 245 1987 SCMR 179
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No. 344 of 1983, decision dated: 6-12-1986.(Against the judgment of the Lahore High Court, Lahore, dated 24-9-1983, passed in Criminal Appeal No. 6 of 1980(BWP).)
ASLAM RIAZ HUSSAIN AND SAAD SAOOD, JAN, JJ
Ijaz Hussain Batalvi, Advocate Supreme Court, M.A. Zafar, Advocate and Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioner. Aftab Farrukh, Advocate Supreme Court and Sh. Masood Akhtar, Advocate-on-Record for the Complainant

MUHAMMAD ASHRAF

VS

THE STATE

Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S.302--Conviction--Petition for leave to appeal--Acquittal of co-accused--Leave to appeal granted to consider contention that there was hardly any distinction between case of acquitted accused and petitioner. (b) Constitution of Pakistan (1973)-- ---Art. 185(3)--Penal Code (XLV of 1860), S.302--Motive--Corroboration of ocular testimony--Leave to appeal granted to consider contention that motive alone could not have been used as corroboration of ocular testimony for maintaining conviction of accused petitioner.--[Motive]. ORDER ASLAM RIAZ HUSSAIN, J.--Muhammad Ashraf petitioner seeks leave to appeal against the dismissal of his appeal by the High Court in a case under section 302, P.P.C. 2. The facts briefly are that the petitioner was tried alongwith 9 others for the murder of Muhammad Nawaz. The trial Court convicted Muhammad Ashraf petitioner and Muhammad Nawaz co-accused and acquitted the remaining 8 co-accused. Both the convicts-accused filed a joint appeal before the High Court. The…
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