Case Details

Citation(s)
1989 SLG 746 1989 SLD 746 1989 SCMR 778 1989 SLD 1302 1989 SCMR 778
Supreme Court of Pakistan
Criminal Petitions Nos. 98-R and 101-R of 1987, decision dated: 20-12-1988
NASIM HASAN SHAH AND GHULAM MUJADDID, JJ

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MAKHMOOD HUSSAIN and 3 others

VS

THE STATE

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV or 1860)--S .302--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal granted! to examine contentions that medical evidence contradicted ocular version; post mortem report showed that some of the injuries of the deceased had blackening and charring which suggested close range firing whereas according to the eye­witnesses account firing took place from a long distance and in absence of any other reliable corroborative evidence ocular testimony which was of interested type was not sufficient in law to sustain conviction. Raja Muhammad Anwar, Senior Advocate Supreme Court and Manzoor Ilahi, Advocate-on-Record for Petitioners (in Criminal Petition No. 98-R of 1987). Sardar Muhammad Ishaq Khan, Advocate Supreme Court and Karam Elahi Bhatti, Advocate-on-Record for Petitioners (in Criminal Petition No. 101-R of 1987). Nemo for the State. Date of hearing: 20th December, 1988. JUDGMENT GHULAM MUJADDID, J.--Two separate petitions for leave to appeal have been filed by Makhmood Hussain and three others (accused-convicts) and Abdul Hanif…
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