| Citation(s) |
|---|
| 1995 SLG 709 1995 SLD 709 1995 SCMR 830 |
Supreme Court of Pakistan
Criminal Petition No.253 L and Jail Petition No. 105 of 1993, decision dated: 7-05-1994.
AJMAL MIAN AND WALI MUHAMMAD KHAN, JJ
M. Munir Khan, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate on-Record. Nemo for the State
Criminal Petition No.253 L and Jail Petition No. 105 of 1993, decision dated: 7-05-1994.
AJMAL MIAN AND WALI MUHAMMAD KHAN, JJ
M. Munir Khan, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate on-Record. Nemo for the State
ABDUL JABBAR and another
VS
THE STATE
Law:
Section:
Penal Code (XLV of 1860)--- S. 392/411 Constitution of Pakistan (1973), Art. 185(3) Accused doubt had muffled their faces at the time of occurrence but the place of occurrence being a petrol pump having sufficient light, the statements of the witnesses in Court positively implicating the accused could safely be relied upon particularly when they had already mentioned the description of the assailants in the F.I.R. and respective weapons in their possession Recovery of the very articles, the details whereof were mentioned in the F.I.R., from the possession of the accused was sufficient corroboration of their involvement in the offence Leave to appeal was refused in circumstances. JUDGMENT WALI MUHAMMAD KHAN, J:----Abdul Jahhaf, petitioner herein, calls in question the judgment dated 13 4-1993 passed by a learned Division Bench of the Lahore High Court, whereby Criminal Appeals No: 10 of 1992 and 11 of 1992, filed by him and his co=accused Amjad Ali Against the judgment dated 12-4-1992 passed by Mr, Fakhar-ud-Din Siddiqui, Judge Special Court (or Suppression of Terrorist Activities (constituted under the Special Court Act of 1975), Bahawalpur Division, convicting them tinder section 392/411, P.P.C., and sentencing chum to ten years' R.I. each and it fine of Rs, two lac each or in default further three years' R.1 in case F.I.R No. 197/91 dated 13-7-1991, police Station Rot Samaba, District Rahimyar Khan, was dismissed with the modification in sentence by reducing imprisonment from ten years' R.I, to seven years' R.I. each and reduction in fine from Rs. two lac each to Rs.10,000 each or in default six months' R.I. each, extending them the benefit of section 382 B, Cr. P.C. Amjad Ali, co accused of the petitioners, has also challenged his conviction and sentence through Jail Petition No. 105 of 1993 which is also being disposed of through this common judgment. 2. We have heard Mr. Muhammad Munir Khan, Advocate, for the petitioners, and have perused the record of the case. 3. No doubt, the occurrence took place at the dead of night and the assailants had muffled their faces. However, the robbery having taken place in National Petrol Pump in Chak No. 78 P where…
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