| Citation(s) |
|---|
| 1987 SLG 284 1987 SLD 284 1987 SCMR 284 |
Supreme Court of Pakistan
Criminal Petitions for Leave to Appeals Nos. 73 and 91 of 1983, decision dated: 22-12-1986.(On appeal from the judgment and order of the Lahore High Court Lahore, dated 15-01-1983 in Criminal Appeal No.294 of 1980/Murder Reference No.235 of 1980)
ASLAM RIAZ HUSSAIN, JAVID IQBAL AND SAAD SAOOD, JAN, JJ
Sheikh Zia Ullah. Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioners (in Criminal Petition No. 73 of 1983). M.A. Bajwa, Advocate Supreme Court instructed by Ejaz Ahmad Khan, Advocate-on-Record for the State (
Criminal Petitions for Leave to Appeals Nos. 73 and 91 of 1983, decision dated: 22-12-1986.(On appeal from the judgment and order of the Lahore High Court Lahore, dated 15-01-1983 in Criminal Appeal No.294 of 1980/Murder Reference No.235 of 1980)
ASLAM RIAZ HUSSAIN, JAVID IQBAL AND SAAD SAOOD, JAN, JJ
Sheikh Zia Ullah. Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioners (in Criminal Petition No. 73 of 1983). M.A. Bajwa, Advocate Supreme Court instructed by Ejaz Ahmad Khan, Advocate-on-Record for the State (
MUHAMMAD HUSSAIN and others
VS
MUHAMMAD YAQOOB and others
Law:
Section:
(a) Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), Ss. 302/323/449/148 & 149-Appraisal of evidence--Courts below holding that defence version was fabricated by convicted petitioners--Order impugned--Supreme Court, on carefully considering arguments of both parties, going through important portions of impugned as well as statements of some of prosecution witnesses, site plan and medical evidence, forming view that appellate Court had arrived at its conclusion after very proper and careful appraisal of evidence--Leave to appeal refused. (b) Constitution of Pakistan (1973)-- ---Art. 185(3)--Penal Code (XLV of 1860), S. 302/148/149--Appeal against acquittal and for enhancement of sentence--Appraisal of evidence--Appellate Court applying principles of abundant caution giving benefit of doubt to one of accused persons and acquitting him--Supreme Court after careful examination of record forming view that appellate Court had arrived at its conclusion after very proper and careful appraisal of evidence---Leave to appeal refused. ORDER JAVID IQBAL, J.--Criminal Petition for Leave to Appeal No.91 of 1983 has been filed by Muhammad Yaqoob, Sharafat Ali, Muhammad Yousuf and Liaqat Ali petitioners all brothers as well as Ghulam Hussain petitioner who is their maternal uncle against their convictions and sentences passed by a Division Bench of the Lahore High Court Lahore vide judgment, dated 15th January, 1983. Criminal Petition for Leave to Appeal No. 73 of 1983 has been filed by Muhammad Hussain complainant petitioner against the acquittal of Muhammad Younis acquitted co-accused as well as for enhancement of sentences of those petitioners who have been awarded life imprisonment. Since both these petitions arise out of the same judgment these are being heard and disposed of together. All the five petitioners plus Muhammad Younis acquitted co-accused were tried by the Additional Sessions Judge Lahore and were convicted as well as sentenced as follows: Under section 302/149, P.P.C. on two counts for committing double murder of Muhammad Sadiq and Muhammad Tufail, two brothers. Under section 323/149, P.P.C. on four counts for causing injuries…
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