Case Details

Citation(s)
1988 SLG 2764 1988 SLD 2764 1988 SCMR 1755
Supreme Court of Pakistan
Criminal Petition No. 91-R of 1987, decided on 22nd June, 1988. (On appeal from the judgment and order of the Lahore High Court, Lahore Dated 6-6-1987 passed in Murder Reference No. 89 of 1987 and Criminal Appeal No. 273 of 1983). Date of hearing: 22nd
MUHAMMAD AFZAL ZULLAH AND ABDUL KADIR SHAIKH, JJ

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MUHAMMAD MATEH and 2 others

VS

THE STATE--Respondent

Law: Penal Code (XLV of 1860)

Section: 302/34

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--   ---S. 302/34--Constitution of Pakistan (1973), ,Art.185(3)--Leave to appeal, grant of--Re-examination/appreciation of evidence--Conviction and sentence under S.302/34, P.P.C., challenged--Leave to appeal granted inter alia to re-examine evidence so as to see whether well ­recognised principles of administration of criminal justice have been observed in the appreciation of evidence and whether rule of corrobora­tion of inimical evidence was to be observed and in fact was observed or not. A ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment dated 6-6-1987 of the Lahore High Court, Lahore; whereby petitioners Criminal Appeal against conviction and sentences for the offence of murder, was dismissed. The prosecution case is that on the day of occurrence at the eventful time, Ghulam Muhammad (P.W.9), Falak Sher deceased and 51st. Daulat Khatoon widow of the deceased left for their Behak. When they reached near the Behak, the three petitioners/ accused armed with guns emerged from nearby sugarcane fields raising Lalkara that Falak Sher be taught a lesson for pursuing his sons case and attacked him. Khan Muhammad son of Muhammad Sadiq (petitioner) fired shot hitting the left leg of Falak Sher. Khan Muhammad son of Sher (petitioner) fired shot on the face of Falak Sher who fell. to the ground. Muhammad Mateh (petitioner) fired at the deceased from a close range hitting below his left flank. The petitioners then allegedly went away firing indiscriminately. Falak Sher died at the spot. The motive for the attack was that about six months before the occurrence Ata Muhammad, brother of Mateh (petitioner) was…
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