| Citation(s) |
|---|
| 1988 SLG 2983 1988 SLD 2983 1988 SCMR 242 |
Supreme Court of Pakistan
Criminal Appeals Nos. 205 of 1978, 115 and 116 of 1980, decided on 28th June, 1987. Date of hearing: 28th June, 1987. (On appeal from the judgment and order, dated 28-3-1978 of the Lahore High Court, Lahore).
SHAFIUR RAHMAN, JUSTICE, S.A. NUSRAT, JUSTICE, SAAD SAOOD, JAN, JUSTICE, ALI HUSSAIN QAZILBASH, JUSTICE
Raja Muhammad Anwar, Advocate Supreme Court and Ch. Ghulam Dastgir, Advocate-on-Record for Appellants (in Criminal Appeal No. 205 of 1978). Ch. Ghulam Ahmad, Advocate Supreme Court for Appellants (in Criminal Appeals Nos. 115 and 116 of 1980). Rao M. Yo
Criminal Appeals Nos. 205 of 1978, 115 and 116 of 1980, decided on 28th June, 1987. Date of hearing: 28th June, 1987. (On appeal from the judgment and order, dated 28-3-1978 of the Lahore High Court, Lahore).
SHAFIUR RAHMAN, JUSTICE, S.A. NUSRAT, JUSTICE, SAAD SAOOD, JAN, JUSTICE, ALI HUSSAIN QAZILBASH, JUSTICE
Raja Muhammad Anwar, Advocate Supreme Court and Ch. Ghulam Dastgir, Advocate-on-Record for Appellants (in Criminal Appeal No. 205 of 1978). Ch. Ghulam Ahmad, Advocate Supreme Court for Appellants (in Criminal Appeals Nos. 115 and 116 of 1980). Rao M. Yo
MAMOON AND OTHERS
VS
THE STATE AND OTHErs
Law: Penal Code (XLV of 1860)
Section: 302,149,148
Penal Code (XLV of 1860)-- ---Ss.302, 149 148--Appraisal of evidence--Prosecution based on ocular testimony of two eye-witnesses, extra-judicial confession, and evidence of recovery--Motive version given in F.I.R. given up by prosecution at trial and alternate motive version not proved by any independent evidence--Confessional statement held inadmissible in evidence and motive version given therein not established on record-Eye-witness account, held, unreliable and conduct of eye-witnesses found unnatural and inconsistent with their claim of having seen the occurrence--No reliable evidence available upon which conviction of appellants on capital charges could be safely rested-Conviction and sentences set aside. JUDGMENT SAAD SAOOD JAN, J.- The appellants in these three appeals by special leave were convicted by the Additional Sessions Judge at Sargodha of the offences under section 302, read with section 149, and section 148 of the Pakistan Penal Code for causing the death of Mst. Siftan, her sons, Sher Shah and Rab Nawaz, her sister, Mst. Mehtab Bibi, and the husband of her sister, Mian Ahmad. On each count under section 302 they were sentenced to death and to pay fines and under section 148 they were directed to suffer rigorous imprisonment for a period of two years. On appeal and reference, the High Court upheld their convictions and confirmed the sentences of death. Together with them, Mst. Sarwar Khatoon, daughter of Mst. Siftan, was also convicted of the said offences and sentenced to death. The High Court maintained her convictions on capital charges but reduced her sentences to imprisonment for life. She has not cared to appeal. We have been told that on her mercy petition her sentence has been remitted and she has since been released. 2. The occurrence took place on the night between 30th November and 1st December, 1971 in the haveli of Mst. Stan in village Khoora within the jurisdiction of Police Station Nowshera, District Sargodha. It was alleged by the prosecution that on the said night the four appellants, armed with hatchets, entered the haveli and chained the door from inside. Mst. Sarwar Khatoon was already present there. On her…
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