| Citation(s) |
|---|
| 1996 SLG 1152 1996 SLD 1152 1996 SCMR 453 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No. 541/L of 1993 and Jail Petition No.32 of 1994, decision dated: 11-05-1994
SAJJAD ALI SHAH AND MUHAMMAD RAFIQ TARAR, JJ
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Criminal Petition for Leave to Appeal No. 541/L of 1993 and Jail Petition No.32 of 1994, decision dated: 11-05-1994
SAJJAD ALI SHAH AND MUHAMMAD RAFIQ TARAR, JJ
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FAREED
THE STATE
Law:
Section:
Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider whether the evidence of two close relatives of the deceased (son and sister's son) which was not relied upon against as many as five acquitted co-accused, could form a sound basis for the conviction of the accused particularly when according to prosecution itself background of previous enmity existed between the parties. ORDER MUHAMMAD RAFIQ TARAR, J.---While discussing the evidence of eye-witnesses the learned trial Judge observed as under:-- "The eye-witnesses have changed their version on three occasions. While lodging the F.I.R. all the accused were charged for this offence. During the course of investigation, one Salehun was introduced as one of the murderes through supplementary statements. In Court, the…
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