Law:

Section:

Constitution of Pakistan (1973)----Art. 185(3)--Penal Code (XLV of 1860), Ss. 302, 307 & 148-­Conviction of accused under Ss. 302, 307 & 148 P.P.C.--High Court in appeal maintaining conviction--Petition on leave to appeal to Supreme Court--Contentions that testimony of eye-witnesses was tainted and not believed by trial Court in respect of two accused who were found to have been roped in maliciously; that Court having rejected testimony of recovery witnesses was not justified in placing reliance on such recoveries (dandas and hatchets unstained with blood) and that injuries (seven) on person of one of accused not explained-­Supreme Court granted leave holding that contentions raised needed further consideration to see whether well-established principles of appreciation of evidence in criminal cases had been followed in the case. ORDER ASLAM RIAZ HUSSAIN, J.--The six petitioners namely: Nazar Ali; Shah Muhammad; Muhammad Iqbal; Muhammad Ayub; Abdul Ghani and Muhammad Shaft, were accused alongwith Hakim Ali and Liaqat Ali, for the murder of Muhammad Siddiq (deceased), and making murderous assault and injuring Ghulam Rasul (PW.9); Shah Rasool (PW.10) and Abdul Maleek (PW 12), at 9 a.m. on 15-7-1979, in Chak No.158/9-L Police Station Dera Rahim, District Sahiwal. The FIR was lodged by Ghulam Rasul PW9 (son of the deceased) who was himself an eye-witness. 2. The prosecution case briefly stated is that on 15-7-1979 at about 8-30 a.m. Ghulam Rasul complainant (PW9) alongwith his father, Muhammad Siddiq, (deceased), Shah Rasul (brother) and Abdul Maleek (uncle), both injured P.Ws. were sitting outside their Dhari situated in Killa No.25 of square No.62 of Chak No.153-9/L. Abdul Aziz son of Nizam Din PW had come there in order to take their tractor for ploughing his field and another Abdul Aziz son of Muhammad Hayat (given up PW) had also come there to request for some Bhoosa. They were all sitting and talking with each other, when the complainant noticed that the cattle of Muhammad Shafi accused-petitioner were damaging the Jawar crop of Ghulam Rasul who drove out the cattle from his field. In the meanwhile Shaft petitioner accused also arrived there Ghulam…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492