Case Details

Citation(s)
1998 SLG 730 1998 SLD 730 1998 SCMR 1371
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No. 47(S) of 1994, decision dated: 13-03-1998
KHALIL-UR-REHMAN KHAN, MUNIR A. SHEIKH AND MAULANA MUHAMMAD TAQI USMANI, JJ

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Haji MUSHTAQ ARMED-

VS

IBRARUL HAQ and another

Law:

Section:

Penal Code (XLV of 1860)--Ss. 302(b) & 392---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.20---Constitution of Pakistan (1973), Art.203-F(2-B)---Appeal against acquittal---Inferences drawn by Federal Shariat Court from prosecution evidence as regards extra judicial confession made by accused, recoveries affected from them and last seen evidence. were based on correct appraisal of evidence which was neither illegal nor perverse---No misreading or non-reading of any material piece of evidence by Federal Shariat Court, could be pointed out---Leave to appeal was refused by Supreme Court in circumstances. Asif Ranjha, Advocate Supreme Court for Petitioner. M.A. Zafar, Advocate Supreme Court for Respondents. Date of hearing: 13th March, 1998. JUDGMENT MUNIR A. SHEIKH, J.---Through this petition, leave to appeal has been sought against the judgment of the Federal Shariat Court dated 6-6-1994 by which the appeal filed by the respondents against the judgment dated 8-2-1994 of the trial Court through which they were convicted under section 302(b). P.P.C. and section 20 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979 read with section 392, P.P.C. for committing Haraba for extorting a sum of Rs.18,000 from the pocket of the deceased alongwith other articles and sentenced to death and seven years R.I. plus a fine of Rs.10,000 each respectively, was accepted and they were acquitted of the charges. 2. The facts of the case briefly stated are that the petitioner who is the father of the deceased Ashfaq Ahmad made a report to the police on 25-12-1992 that his said deceased son had disappeared. He kept on'search of his son when on 31-12-1992, he alongwith Malik Masood Ahmad and Imran found his dead body lying in the bushes of reeds across the railway-crossing in Chak No.38 N.B. He was strangulated to death with the aid of nylon string which was still lying around his neck. Leaving the said two witnesses around the dead body, the complainant left for police station, Sargodha to make a report when on the way, Ahmad Khan, A.S.I, a witness met him who recorded his statement in which the petitioner held responsible respondent…
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