| Citation(s) |
|---|
| 1987 SLG 364 1987 SLD 364 1987 SCMR 456 |
Supreme Court of Pakistan
Criminal Petitions Nos. 309, 316 and 304 of 1984 and Jail Petitions Nos. 3-R and 5-R of 1985, decision dated: 10-01-1987.(On appeal from the judgment and order, dated 9-8-1984 of the Lahore High Court, Lahore, in Criminal Appeal No. 512 of 1979)
MUHAMMAD HALEEM, C.J., MUHAMMAD AFZAL ZULLAH, SHAFIUR RAHMAN AND, JAVID IQBAL, JJ
Raja Muhammad Anwar, Senior Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioners (in Criminal Petition No. 309 of 1984). Ijaz Hussain Batalvi, BaratLaw ,Senior Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-
Criminal Petitions Nos. 309, 316 and 304 of 1984 and Jail Petitions Nos. 3-R and 5-R of 1985, decision dated: 10-01-1987.(On appeal from the judgment and order, dated 9-8-1984 of the Lahore High Court, Lahore, in Criminal Appeal No. 512 of 1979)
MUHAMMAD HALEEM, C.J., MUHAMMAD AFZAL ZULLAH, SHAFIUR RAHMAN AND, JAVID IQBAL, JJ
Raja Muhammad Anwar, Senior Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioners (in Criminal Petition No. 309 of 1984). Ijaz Hussain Batalvi, BaratLaw ,Senior Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-
Criminal No. 309 of 1984 GHULAM MURTAZA alias BHOPAL and anothers
VS
THE STATE Criminal No. 316 of 1984 ALI AHMAD and another Vs THE STATE Jail No. 3R of 1985 ARIF SHAH Vs THE STATE Jail No. 5R of 1985 WALI MUHAMMAD and another Vs T
Law:
Section:
(a) Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 302--Re-appraisal of evidence--Safe dispensation of justice--Involvement of a large number of persons and acquittal at different stages--Medical evidence inconsistent with shots alleged to have been fired--Leave to appeal granted for reconsideration of entire material for safe dispensation of justice. (b) Constitution of Pakistan (1973)-- ---Art. 185(3)--Penal Code (XLV of 1860), S. 302--Re-appraisal of evidence--Safe dispensation of justice--Petition against acquittal and for enhancement of sentence--Involvement of a large number of persons and acquittal at different stages--Accused driver who was implicated in crime subsequently, was convicted by Trial Court but acquitted by High Court--Order impugned--Leave to appeal granted to consider reasons of acquittal of accused-driver, particularly because main prosecution witness who implicated him, was believed in other respects but disbelieved qua his implication of accused -driver--Bailable warrants issued against acquitted accused. ORDER MUHAMMAD HALEEM, C.J.--The first four petitions are against the convictions while the fifth petition is against the acquittal of Shaukat, the driver of the jeep and for the enhancement of the sentences passed on those convicted and…
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