| Citation(s) |
|---|
| 1987 SLG 532 1987 SLD 532 1987 SCMR 1438 |
Supreme Court of Pakistan
Petitions for Leave to Appeals Nos. 635 and 636 of 1980, decided on 31st May, 1987. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 23rd October, 1979 in Criminal Appeal No. 248 of 1978) .
ASLAM RIAZ HUSSAIN, JAVID IQBAL AND SAAD SAOOD, JAN, JJ
Haji Muhammad Anwar Buttar, Senior Advocate, Supreme Court instructed by Muhammad Aslam Choudhary, Advocate-on-Record for Petitioners (in both petitions.) Nemo for
Respondent No. 1 (in P. No. 635/80) Tanvir Ahmad, Advocate-on-Record for
Respondent No. 1
Petitions for Leave to Appeals Nos. 635 and 636 of 1980, decided on 31st May, 1987. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 23rd October, 1979 in Criminal Appeal No. 248 of 1978) .
ASLAM RIAZ HUSSAIN, JAVID IQBAL AND SAAD SAOOD, JAN, JJ
Haji Muhammad Anwar Buttar, Senior Advocate, Supreme Court instructed by Muhammad Aslam Choudhary, Advocate-on-Record for Petitioners (in both petitions.) Nemo for
Respondent No. 1 (in P. No. 635/80) Tanvir Ahmad, Advocate-on-Record for
Respondent No. 1
MUHAMMAD ISMAIL and another
VS
Mst. SABRAN and another
Law:
Section:
Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 302/201/34--Petition against acquittal--Chance witnesses--Appraisal of evidence in accordance with well-established principles--Ocular testimony of chance witnesses and recovery of incriminating articles disbelieved--Accused given benefit of doubt by High Court and acquitted--Order impugned--Supreme Court being of opinion that High Court had appraised evidence in accordance with well-established principles and there being no ground for interference, refused leave to appeal. ORDER JAVID IQBAL, J.-- There are two connected criminal petitions for leave to appeal before us namely Criminal Petition No.635 of 1980 and Criminal Petition No.636 of 1980. Both of them have been filed against Mst. Sabran respondent and Muhammad Ali respondent, and are directed against the same judgment of the Lahore High Court, Lahore acquitting Mst. Sabran respondent and Muhammad Ali respondents. As these petitions arise out of the same judgment, these are being taken up and disposed of together. Briefly the facts are that Mst. Sabran and Muhammad Ali respondents were tried by the Sessions Judge, Jhang under section 201/302/34, PPC for the murder of Muhammad Saeed deceased husband of Mst. Sabran respondent and vide judgment dated 2nd February, 1978 Muhammad Ali respondent was sentenced to death plus fine under sections 302/34, PPC and to three years' RI plus fine under sections 201/34, PPC, whereas Mst. Sabran respondent was sentenced to life imprisonment plus fine under sections 302/34, PPC and to three years' RI plus fine under sections 201/34 PPC. The Lahore High Court Lahore vide its Judgment dated 23rd October, 1979 in appeal acquitted both the respondents giving them the benefit of doubt. The occurrence took place at 11 p.m. on 15th April, 1976 in the area of Ratta Matta, Police Station Qadir Pur, District Jhang. First Information Report was lodged by Azmat PW at 10 a.m. on 16th April, 1976. The respondents were arrested on 16th April, 1976. From Muhammad Ali respondent was recovered blood-stained Toka and blood-stained Chadar but these recoveries had not been relied upon. There are two witnesses of the…
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