| Citation(s) |
|---|
| 1987 SLG 737 1987 SLD 737 1987 SCMR 1872 |
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeals Nos. 592 and 602 of 1980, decision dated: 26-05-1987. Against the judgment of the Lahore High Court, dated 6-10-1980, passed in Criminal Revision No.719 of 1980, and Criminal Appeal No.762 of 1980
ASLAM RIAZ HUSSAIN, JAVID IQBAL AND SAAD SAOOD, JAN, JJ
Dil Muhammad, Advocate Supreme Court for Petitioner. Nemo for
Respondent
Criminal Petition for Special Leave to Appeals Nos. 592 and 602 of 1980, decision dated: 26-05-1987. Against the judgment of the Lahore High Court, dated 6-10-1980, passed in Criminal Revision No.719 of 1980, and Criminal Appeal No.762 of 1980
ASLAM RIAZ HUSSAIN, JAVID IQBAL AND SAAD SAOOD, JAN, JJ
Dil Muhammad, Advocate Supreme Court for Petitioner. Nemo for
Respondent
MUHAMMAD ASHRAF
VS
SHARAK HAIDER and others
Law:
Section:
Penal Code (XLV of 1860)-----S. 302--Criminal Procedure Code (V of 1898), Ss. 417 & 439-Constitution of Pakistan (1973), Art. 185(3)--State appeal and complainant's revision petition against acquittal dismissed by High Court--Reasons recorded by Courts below for rejecting testimony of eye-witnesses and acquitting accused-respondents, who had been attributed active role, not found to be satisfactory--Leave to appeal granted to State as well as complainant to consider whether well established principles of evidence in criminal cases had been properly applied by two Courts below.--[Evidence]. ORDER ASLAM RIAZ HUSSAIN, J.-- This order will dispose of (i) Crl. PSLA No.592/80 filed by Muhammad Ashraf, against the acquittal. of the three respondents in that petition and (ii) Crl. PSLA No.602/80 filed by the State against the acquittal of Solat Haider accused only. 2. Sharak Haider, Solat Haider and Haider Sohotara, respondents were tried for the murder of Muhammad Ashraf (deceased) and making murderous assault on Muhammad Ashraf (PW.4) and Muhammad Akbar (PW.6) 3. Motive for the offence is stated to be that about 1I' years before the occurrence Muhammad Akbar PW.6 developed relation with Mst. Permila Parveen d/o Haider Sohotara, converted her to Islam and married her on 1-7-1974. About 6 months before the occurrence she went to the house of the father. Muhammad Akbar .P.W.6 filed a suit for restitution of conjugal rights. 4. The prosecution case, briefly stated, is that on 7-4-1975 at about 8-30 p.m. Muhammad Ashraf PW.4, his real brother Muhammad Ashraf (deceased) and maternal uncle Muhammad Akbar PW.6, were Mehboob Street. Hafiz Shah PW.10 and Syed Mahmood (armed with a dagger), Sharak Haider (armed with iron Sooa) and Haider Sohotara empty handed, came there, Solat Haider gave two dagger blows to Arshad deceased while the deceased was held in Japhha by Haider Sohotara, Sharak Haider gave two iron Sooa blows to Muhammad Ashraf PW.4 Muhammad Akbar PW.6 tried to rescue Muhammad Ashraf whereon Haider Sohotara held Muhammad Akbar in Japhha and Solat Haider gave him two dagger injuries. 5. During the post-mortem examination of Muhammad Arshad (deceased) he was found…
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