| Citation(s) |
|---|
| 1988 SLG 2916 1988 SLD 2916 1988 SCMR 67 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No. 148 of 1982, decided on 3rd August, 1987, Date of hearing: 3rd August, 1987. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 8th March, 1982 in Criminal Appeal No. 949 of 1979/Crimin
SHAFIUR RAHMAN, JUSTICE, SAAD SAOOD, JAN, JUSTICE
Wahiduddin Virk and Ch. Muhammad Bakhsh, Advocates Supreme Court, instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Mehdi Khan Mehtab, Advocate-on-Record for
Respondents Nos. 1 to 4. Muhammad Rafiq Butt, Advocate Supreme Court,
Criminal Petition for Leave to Appeal No. 148 of 1982, decided on 3rd August, 1987, Date of hearing: 3rd August, 1987. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 8th March, 1982 in Criminal Appeal No. 949 of 1979/Crimin
SHAFIUR RAHMAN, JUSTICE, SAAD SAOOD, JAN, JUSTICE
Wahiduddin Virk and Ch. Muhammad Bakhsh, Advocates Supreme Court, instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Mehdi Khan Mehtab, Advocate-on-Record for
Respondents Nos. 1 to 4. Muhammad Rafiq Butt, Advocate Supreme Court,
BASHIR AHMAD
VS
MUHAMMAD TAHIR AND 4 OTHErs
Law: Penal Code (XLV of 1860)
Section: 302/324
Law: Constitution of Pakistan, 1973
Section: 185(3)
Penal Code (XLV of 1860)- 302/34--Constitution of Pakistan (1973), Art. 185(3)--Appraisal of evidence--Petition against acquittal--Four accused tried on charge of murder, two of them acquitted by Trial Court--Appellate Court disbelieved ocular testimony and evidence of recovery and acquitted the remaining two--Order impugned--Contentions raised that accused party had motive to murder deceased and that recoveries should have been believed as eye-witnesses account of occurrence was being corroborated by recovery evidence--Such arguments having been raised before Appellate Court and properly attended to, no case was made out for interference--Leave to appeal refused. ORDER JAVID IQBAL, J.- This petition for leave to appeal has been filed by Bashir Ahmad complainant-petitioner and is directed against the judgment of the Lahore High Court, Lahore, dated 8th March, 1982. Respondents Muhammad Tahir, Muhammad Suleman, Muhammad Shafique and Muhammad Siddique were tried for offences under section 302/34, P.P.C. The trial Court convicted Muhammad Tahir and Muhammad Suleman respondents under section 302/34, P.P.C. and sentenced them to imprisonment for life plus fine. The other two, i.e. Muhammad Shafique and Muhammad Siddique respondents were acquitted. In appeal before the Lahore High Court, Lahore both Muhammad Tahir and Muhammad Suleman respondents were also acquitted. The deceased in this case is Muhammad Shafique. The occurrence took place at 9 p.m. on 21st April, 1976. The F.I.R. was .lodged on the next day. From Muhammad Tahir respondent was recovered human blood-stained shirt and Dhoti, whereas from Muhammad Suleman respondent was recovered human blood-stained hatchet. There are three eye-witnesses of the occurrence, namely, Bashir Ahmad father of the deceased, Allah Rakha uncle of the deceased and Hidayat Ali a chance witness. The motive is that Taj Din father of Muhammad Suleman respondent had been murdered in 1967. One Khaliq and others were challaned. Khaliq absconded from the jail and was declared proclaimed offender. Muhammad Anwar provided secret information to the complainant party about Khaliqs whereabouts. The…
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