| Citation(s) |
|---|
| 1987 SLG 348 1987 SLD 348 1987 SCMR 421 |
Supreme Court of Pakistan
Criminal Petitions for Special Leave to Appeal Nos. 289 and 294 of 1982, decision dated: 8-11-1986.(Against the judgment of the Lahore High Court, Lahore, dated 15-6-1982, passed in Criminal Appeal No.152 of 1980 and Murder Reference No.29 of 1980)
ASLAM RIAZ HUSSAIN, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
Ch. Waheed-ud-Din, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner (in Cr.P.S.L.A. No. 289 of 1982). Nemo for the State (in Cr.P.S.L.A. No. 289 of 1982). S.M. Zafar, Advocate Supreme Court and Ch. Ijaz Hussain, Advocate
Criminal Petitions for Special Leave to Appeal Nos. 289 and 294 of 1982, decision dated: 8-11-1986.(Against the judgment of the Lahore High Court, Lahore, dated 15-6-1982, passed in Criminal Appeal No.152 of 1980 and Murder Reference No.29 of 1980)
ASLAM RIAZ HUSSAIN, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
Ch. Waheed-ud-Din, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner (in Cr.P.S.L.A. No. 289 of 1982). Nemo for the State (in Cr.P.S.L.A. No. 289 of 1982). S.M. Zafar, Advocate Supreme Court and Ch. Ijaz Hussain, Advocate
ZIL MUHAMMAD and anotheR
VS
THE STATE and others
Law:
Section:
(a) Penal Code (XLV of 1860)-----S. 302/34--Constitution of Pakistan (1973), Art. 185(3)--Appeal against acquittal--Appreciation of evidence--Three accused apprehended along with weapon of crime at the spot--No reason shown for their false implication--Evidence of eye-witnesses believed- -Acquittal of two accused by High Court impugned--Leave to appeal granted to consider whether High Court had followed well-established principles for appreciation of evidence in criminal cases--Non-bail able warrants of arrest issued against acquitted accused. (b) Penal Code (XLV of 1860)- ---S. 302/34--Constitution of Pakistan (1973), Art. 185(3)--Appeal against conviction--Accused and two others apprehended at spot alongwith blood-stained weapon of crime- -Co-accused acquitted by High Court but accused's conviction and sentence of death upheld--Both acquittals and conviction challenged--Since leave to appeal was granted against acquittal of two accused persons and entire evidence on record was to be considered, leave also granted to convicted accused against his conviction. ORDER ASLAM RIAZ HUSSAIN, J.-- This order will dispose of (1) Criminal Petition for Special Leave to Appeal No. 289 of 1982 filed by Zil Muhammad alias Zilla against his conviction and sentence; and (2) Criminal Petition for Special Leave to Appeal No. 294 of 1982, filed by Sikandar Hayat Khan complainant against the acquittal of Soni and Dost Muhammad respondents. 2. All the three accused were tried for the murder of Sardar Muhammad Hayat an old man of 70 years while he was sleeping in a room of his house on the night between 16/17-12-1978. 3. The motive for the offence is stated to be that about 1 1/2months before the occurrence the deceased had called Mst.Bawi wife of Soni respondent (in Criminal Petition 294 of 1982) to his Dera and had insulted her and enquired about Soni who had left his service. On her disclosure of his whereabouts he had called back Soni and re-employed him as his domestic servant. Soni is stated to have taken the insult heaped upon his wife by the deceased to his heart and, in order to avenge the same, had in concert with Zil Muhammad and Dost Muhammad done away with the deceased.…
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