Case Details

Citation(s)
1998 SLG 792 1998 SLD 792 1998 SCMR 1847
Supreme Court of Pakistan
Criminal Appeal No. 143 of 1994, decision dated: 22-06-1998, hearing DATE : 22-05-1998
NASIR ASLAM ZAHID, MUNAWAR AHMAD MIRZA AND ABDUR REHMAN KHAN, JJ
Rana A. Rahim Khan, Advocate Supreme Court for Appellant. Mian Aftab Farrukh, Advocate Supreme Court for
Respondents Nos. 1 l2 Ch. M. Akram, Advocate Supreme Court for the State

MUHAMMAD CHIRAGH

VS

RUSTAM ALI and 2 others

Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302/34---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to complainant to find out whether High Court was justified in discarding the ocular account as well as corroboratory evidence available on record. (b) Penal Code (XLV of 1860)--S. 302/34---Constitution of Pakistan (1973), Art. 185---Appeal against acquittal---Prosecution had failed to satisfactorily explain the inordinate delay in reporting the incident to the police and such delay, when judged in the light of the statement of the Investigating Officer, had made the prosecution case doubtful---Eye-witnesses had conceded that their statements, to the extent of involvement of one accused, were false and, as such, in the absence of any other confirmatory circumstance regarding the other co-accused, they could not be safely relied upon---Aimless and erratic suggestions put to the complainant in cross-examination, could hardly amount to admission of guilt or involvement of accused in the offence---Reasons advanced by High Court for acquittal of accused had no legal flaw---Appeal was dismissed accordingly. JUDGMENT ABDUR REHMAN KHAN, J.---In this appeal, the legality of the impugned judgment, dated 2-10-1993, of a learned Judge in the Lahore High art, has been challenged by the appellant who is a complainant in the F.I.R. registered at his behest in respect of the murder of his son. In the F.I.R. used/respondents Nos.1 and 2 alongwith Muhammad Ishaq were charged for murder of Zulfiqar Ali. The learned trial Court by judgment ivered on 7-5-1991 convicted Rustam Ali and Jaffar respondents Nos. l and 2 ler section 302/34', P.P.C. and sentenced each of them to imprisonment for and a fine of Rs.10,000 and were also directed to pay compensation of 10,000 each to the legal heirs of the deceased. Muhammad Ishaq, the third used in the case, was however, acquitted. The convicts/respondents Nos. 112 approached the High Court in appeal for setting aside the judgment of the 1 Court while the complainant moved revision petition for enhancement on sentence into death and for reversing the acquittal of Muhammad Ishaq. By impugned judgment, the…
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