| Citation(s) |
|---|
| 1989 SLG 1898 1989 SLD 1898 1989 SCMR 1765 |
Supreme Court of Pakistan
Criminal Petition No. 88 of 1988, decision dated: 19-04-1989.(Against the judgment and order of the Lahore High Court, Multan Bench, dated 20-2-1988 in Crl. Appeal No. 201 of 1984 (Murder Reference No. 118 of 1984)
JAVID LQBAL, GHULAM MUJADDID AND SAAD SAOOD, JAN, JJ
Shah Ahmad Khan Baloch, Advocate. Supreme Court, with Tanvir Ahmad, Advocate-on-Record for Petitioner. Muhammad Akhtar, Addl. A.G., Abdul Samad Hashmi and Rao M. Yousuf Khan, Advocate-on-Record for
Respondents.
Criminal Petition No. 88 of 1988, decision dated: 19-04-1989.(Against the judgment and order of the Lahore High Court, Multan Bench, dated 20-2-1988 in Crl. Appeal No. 201 of 1984 (Murder Reference No. 118 of 1984)
JAVID LQBAL, GHULAM MUJADDID AND SAAD SAOOD, JAN, JJ
Shah Ahmad Khan Baloch, Advocate. Supreme Court, with Tanvir Ahmad, Advocate-on-Record for Petitioner. Muhammad Akhtar, Addl. A.G., Abdul Samad Hashmi and Rao M. Yousuf Khan, Advocate-on-Record for
Respondents.
Mian AZAM
VS
ALI and another
Law:
Section:
Penal Code (XLV of 1860)----S.302--Constitution of Pakistan (1973), Art. 185(3)--Acquittal--Leave to appeal was granted to consider contentions that ocular evidence was provided by natural witnesses who had no reason to falsely implicate the accused who was married to one of the daughters of the complainant, the case was one of single accused, that F.I.R. was lodged without delay and High 'Court was thus not justified in disbelieving at least the ocular testimony. ORDER SAAD SAOOD JAN, J.--The respondent, Ali, was convicted by the Additional Sessions Judge at Vehari under section 302 of the Pakistan Penal Code for causing the death of three persons, namely, Muazzam, Mst. Zuhran and Allah Wassay and was sentenced to death and fine. On appeal and reference, the High Court set aside his conviction and sentence and acquitted him. The complainant has filed this petition for special leave to appeal from the judgment of the High Court. 2. The complainant and Muazzam deceased were brothers. They and their families lived in the same haveli in Basti Nazimabad of village Ghafoor Wah in Tchsil Vchari. The complainant had five daughters and three sons. Two of his sons were married to the sisters of the respondent. The respondent was married to one of the daughters of the complainant. It was the case of the prosecution that the respondent wanted the complainant to give his youngest daughter Mst. Mukhtar Bibi in marriage to his brother. The complainant did not accept the proposal for the reason that the respondent had developed illicit intimacy with his other daughter Mst. Zahooran who was married to Mohammad Hussain who also lived with him in Basti Nazimabad. 3. The occurrence took place in the early hours of 1-8-1982 in the haveli of the complainant. At the relevant time, Muazzam deceased was sleeping outside the haveli, while the complainant, Mst. Zahooran, Mst. Allah Wassayi, Mst. Nooran, Mst. Mukhtar Bibi and Muhammad Hussain were sleeping in the courtyard. Mst. Zahooran and the other. children of the family were lying inside a room. It was alleged by the prosecution that at…
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