| Citation(s) |
|---|
| 1987 SLG 460 1987 SLD 460 1987 SCMR 1264 |
Supreme Court of Pakistan
Criminal Appeals Nos. 10, 124 and 123 of 1982, decision dated: 1st April, 1987.(From the judgment of the Lahore High Court, dated 21-2-1982, passed in Criminal Appeal No. 302 of 1979 and Criminal Revisions Nos. 697, 698 of 1979 and 443 of 1980)
NASIM HASAN SHAH, SHAFIUR RAHMAN, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
Attaullah Sajjad, Senior Advocate Supreme Court, Kh. Sultan Ahmad, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record (absent) for Appellant (in Criminal Appeal 10 of 1982). M.B. Zaman, Senior Advocate Supreme Court and Ejaz Ali Sheik
Criminal Appeals Nos. 10, 124 and 123 of 1982, decision dated: 1st April, 1987.(From the judgment of the Lahore High Court, dated 21-2-1982, passed in Criminal Appeal No. 302 of 1979 and Criminal Revisions Nos. 697, 698 of 1979 and 443 of 1980)
NASIM HASAN SHAH, SHAFIUR RAHMAN, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
Attaullah Sajjad, Senior Advocate Supreme Court, Kh. Sultan Ahmad, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record (absent) for Appellant (in Criminal Appeal 10 of 1982). M.B. Zaman, Senior Advocate Supreme Court and Ejaz Ali Sheik
KAMAL DIN and 2 others
VS
MUHAMMAD SHARIF and others
Law:
Section:
(a) Penal Code (XLV of 1860)----Ss. 302, 307, 149 & 148--Constitution of Pakistan (1973), Art. 185(3)--Appreciation of evidence--Mere relationship of witnesses with deceased would in no way destroy their credibility but deliberate attempts on their part to conceal certain established facts which created doubt about their veracity held, would require very strong corroboration from unimpeachable sources. (b) Penal Code (XLV of 1860)-- ---Ss. 302, 307, 149 & 148--Appreciation of evidence--Broad-daylight occurrence enacted on the thoroughfare of the village--Manner in which occurrence was described by witnesses, the deceased should have at least 12/15 fire-arm injuries on his person but post-mortem report showed that deceased had only seven injuries--Allegation that deceased was surrounded by his assailants and was fired at was belied by the medical evidence in that the post-mortem report showed that deceased had all the injuries on his right side--Fact that acquitted accused, did not participate in the firing at the deceased was proved from Fire-arms Expert's report that none of the crime empties or the lead bullets were fired from revolvers recovered at their instance-Eye-version account given at trial against other accused person was not only discrepant but was contradictory--Report of the Fire-arms Expert showing that none of the empties found at the spot was fired from the gun of one accused--Possibility that one deceased person and other injured witness received injuries as a result of firing by the complainant side could not be ruled out--Eye-witnesses had twisted and distorted the facts and occurrence had not taken place in the manner described by them--Motive set up by prosecution too had not been established--Prosecution, held, had failed to establish its case against accused persons beyond reasonable doubt in circumstances. JUDGMENT ALI HUSSAIN QAZILBASH,J.--This judgment will dispose of Criminal Appeal No.10 of 1982 and Criminal Petition No.124 of 1982 filed by Kamal Din and Muhammad Siddique, respectively, against their conviction and sentence, and Criminal Petition No.123 of 1982 filed by Muhammad Sharif against the acquittal of Lai Din,…
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