| Citation(s) |
|---|
| 1988 SLG 3038 1988 SLD 3038 1988 SCMR 373 |
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No. 84 of 1984, decided on 22nd December, 1987. Date of hearing: 22nd December, 1987. (Against the judgment of the Lahore High Court, Lahore, dated 14-2--1984 passed in Criminal appeal 1877 of 1980).
ASLAM-RIAZ HUSSAIN, JUSTICE, MUHAMMAD AFZAL ZULLAH, JUSTICE, SAAD SAOOD, JAN, JUSTICE
Khawaja Sultan Ahmad, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Ch. Rafique Ahmad Bajwa. Advocate Supreme Court and Advocate-on-Record (died) for
Respondents Nos. 1 to 2. M.A. Bajwa, Advocate Supreme Court
Criminal Petition for Special Leave to Appeal No. 84 of 1984, decided on 22nd December, 1987. Date of hearing: 22nd December, 1987. (Against the judgment of the Lahore High Court, Lahore, dated 14-2--1984 passed in Criminal appeal 1877 of 1980).
ASLAM-RIAZ HUSSAIN, JUSTICE, MUHAMMAD AFZAL ZULLAH, JUSTICE, SAAD SAOOD, JAN, JUSTICE
Khawaja Sultan Ahmad, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Ch. Rafique Ahmad Bajwa. Advocate Supreme Court and Advocate-on-Record (died) for
Respondents Nos. 1 to 2. M.A. Bajwa, Advocate Supreme Court
MUHAMMAD A SLAM
VS
DAUD AND 2 OTHERS
Law: Penal Code (XLV of 1860)
Section: 302
Penal Code (XLV of 1860)-- ---S.302--Appreciation of evidence--Solitary eye-witness produced by prosecution found to be interested witness--Nothing on record to corroborate the testimony of the said solitary eye-witness qua identity of assailants--Courts below, held, had rightly given benefit of doubt to the accused--Leave to appeal refused. ORDER ASLAM RIAZ HUSSAIN, J.- Muhammad Aslam petitioner seeks leave to appeal against the judgment of the Lahore High Court, dated 14-2-1984 whereby it acquitted Dawood and Sher Muhammad respondents. The two respondents were tried for the murder of their own father Haji Ghulam Muhammad. 2 The motive alleged for the murder of the deceased was that he (Haji Ghulam Muhammad deceased) father of the two respondents had divorced their mother Mst. Aisha Bibi had remarried and disinherited the two respondents who were sons through Aisha Bibi by an Aknama. 3. The F.I.R. was lodged by Muhammad Aslam the son-in-law of the deceased who is the only eye-witness in the case. Two witnesses namely Muhammad Aslam aforesaid (complainant) and one Muhammad Abdullah but at the trial only Muhammad Aslam appeared against the accused-respondents and Muhammad Abdullah was not produced. One carbine from each of the two accused was said to have been recovered but those could not be connected with the offence in question. 4. The learned trial Court acquitted Daud respondent (younger brother of Sher Muhammad respondent) but…
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