| Citation(s) |
|---|
| 1987 SLG 478 1987 SLD 478 1987 SCMR 1330 |
Supreme Court of Pakistan
Petitions for Leave to Appeal Nos. 128 and 131 of 1983, decision dated: 20-04-1987. On appeal from the judgment and order of the Lahore High Court, Lahore dated 19th February 1983 in Criminal Appeal No.978 of 1980/Criminal Revision No: 1025 of 1980/Murder
NASIM HASAN SHAH, JAVID IQBAL AND SAAD SAOOD, JAN, JJ
M.B. Zaman, Senior Advocate Supreme Court instructed by M.A. Qadri, Advocate-on-Record for Petitioner (in Petition No. 128 of 1983). Ijaz Hussain Batalvi, Senior Advocate Supreme Court (M.A. Zafar, Advocate Supreme Court with him) instructed by Muhammad
Petitions for Leave to Appeal Nos. 128 and 131 of 1983, decision dated: 20-04-1987. On appeal from the judgment and order of the Lahore High Court, Lahore dated 19th February 1983 in Criminal Appeal No.978 of 1980/Criminal Revision No: 1025 of 1980/Murder
NASIM HASAN SHAH, JAVID IQBAL AND SAAD SAOOD, JAN, JJ
M.B. Zaman, Senior Advocate Supreme Court instructed by M.A. Qadri, Advocate-on-Record for Petitioner (in Petition No. 128 of 1983). Ijaz Hussain Batalvi, Senior Advocate Supreme Court (M.A. Zafar, Advocate Supreme Court with him) instructed by Muhammad
SARWAR KHAN and another
VS
MUHAMMAD IQBAL and others
Law:
Section:
(a) Penal Code (XLV of 1860)-------Ss.302, 307, 148 & 149--Constitution of Pakistan (1973), Art. 185(3)--Petition against conviction- -Co-accused acquitted--Plea that ocular testimony against petitioner coming from interested witnesses was not reliable nor sufficiently corroborated by recovery evidence, repelled--Evidence against petitioner was relied upon by Courts below because gun recovered from his possession matched with crime empty-Evidence of three eye-witnesses being consistent and corroborated by evidence of recovery and medical evidence, impugned , held, was unassailable and called for no interference--Leave to appeal reused. (b) Penal Code (XLV of 1880)-- ---Ss.302, 307, 148 6 149--Constitution of Pakistan (1973), Art. 185(3)--Petition against acquittal of co-accused--Courts below holding ocular testimony as reliable, coming from independent witnesses who had no motive to falsely implicate accused side, and eye-witnesses considered as independent and natural witnesses of occurrence--Plea raised that no further corroboration being required in circumstances, co-accused should not have been acquitted--Acquittal based on ground that no corroboration was forthcoming of ocular testimony in respect of part ascribed to co-accused--Even injured prosecution witness not consistent in his statement as to who had caused him injury--Courts below held justified in giving benefit of doubt--No case being made out against acquittal of co-accused, leave to appeal refused. JUDGMENT JAVID IQBAL, J.----Muhammad Nawaz petitioner and seven other accused, namely, Muhammad Iqbal, Ghaus Muhammad, Zamir Hussain, Feroz, Dost Muhammad, Hayat and Abdullah were tried under section 302/307/149/148, P.P.C. for the murder of Muhammad Khan deceased and murderous assault on Khanjar Khan P.W.9. Vide Judgment, dated 20th July, 1980 of the Additional Sessions Judge Sargodha, Muhammad Nawaz petitioner was sentenced to death plus fine under section 302/149, P.P.C., whereas Muhammad Iqbal, Ghaus Muhammad, Zamir Hussain and Feroz were sentenced to life imprisonment plus fine under section 302/149, P.P.C. All the five of them were sentenced to 3 years' R.I. plus fine under section 307/149,…
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