Case Details

Citation(s)
1989 SLG 1673 1989 SLD 1673 1989 SCMR 1420
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No.289 of 1986, decision dated: 28-02-1989
MUHAMMAD AFZAL ZULLAH, JAVID IQBAL AND USMAN ALI SHAH, JJ

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SHAH MUHAMMAD and anothers

VS

Haji MUHAMMAD and 6 others

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--Ss.302, 307, 148 & 149--Constitution of Pakistan (1973), Art.185(3)--High Court, after re-appraisal of the statements of the prosecution witnesses and that of defence version, came to the conclusion that prosecution had failed to prove its case against the accused persons beyond reasonable doubt and thus they were given the benefit of doubt and acquitted No flaw in appraisal of evidence by the High Court was pointed out--All the reasons recorded by the High Court for acquitting the accused were found sound by Supreme. Court--Leave to appeal refused. S. M. ldrees, Advocate Supreme Court and Sheikh, Masood Akhtar, Advocate-on-Record far Petitioners. M. Akhtar Addl. A.-G. with Abdus Samad Hashmi, Advocate Supreme Court and Rao Muhammad Yousaf Khan, Advocate-on-Record for Respondents. Date of hearing: 28th February, 1989. ORDER USMAN ALI SHAH, J.--Leave to appeal has been sought by the petitioners against the judgment and order of Lahore High Court, Lahore, dated 26-6-1986, passed in Cr. A. No. 349 of 1984 whereby, all the six respondents were tried under sections 148, 302 and 307/149, P.P.C. for the murder of Muhammad Nazir and causing injuries to Razzaq by the Addl. Sessions Judge, Faisalabad, convicted them on the said charges and sentenced them under section 148, P.P.C. for R.I. 1 year, under…
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