Case Details

Citation(s)
1998 SLG 1284 1998 SLD 1284 1998 SCMR 417
Supreme Court of Pakistan
Criminal Petitions Nos. 103 and 149 of 1996, decision dated: 8-10-1996
AJMAL MIAN, SAIDUZZAMAN SIDDIUQI AND ZIA MAHMOOD MIRZA, JJ

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KHAWAND BAKHSH and others

VS

THE STATE

Law:

Section:

Penal Code (XLV of 1860)--S. 302/324/120-B/34---Constitution of Pakistan (1973), Art. 185(3)--­Accused were convicted and sentenced by Trial Court under S.302/324/120- B/34, P.P.C. and on appeal, High Court upheld conviction and sentence of accused, but acquitted co-accused---Accused had contended that Division Bench of High Court having not believed/accepted ocular testimony as against co-accused, same could not form safe and valid basis for upholding accused's conviction unless same was corroborated by exceptionally strong and independent evidence which was not available---Accused had further contended that incriminating recoveries relied upon by High Court as a corroborative circumstance could not furnish required corroboration as the weapons and the crime empties were sent to Fire-arm Expert after inordinate delay---Further contention was that injuries suffered by the deceased were not specifically attributed to each of accused and extreme penalty of death was not warranted--­Contentions raised, among others needed consideration---Leave to appeal was granted in circumstances. Muhammad Munir Paracha, Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record for Petitioners (In Cr.P. No. 103 of 1996). Raja Abdul Ghafoor, Advocate-on-Record for the State (in Cr.P. No. 103 of 1996). Raja Abdul Ghafoor, Advocate-on-Record for the State (in Cr.P. No. 149 of 1996). Nemo for Respondent (in Cr.P. No. 149 of 1996). Date of hearing: 8th October, 1996. ORDER ZIA MAHMOOD MIRZA, J.---Both the captioned petitions seek leave to appeal against a common judgment of Balochistan High Court, dated 24-6-1996 and, therefore, they are being disposed of together by this order. 2. Petitioners in Criminal Petition No. 103 of 1996 and Bangul Khan respondent in Criminal Petition No. 149 of 1996 were tried and convicted by Special Judge, Suppression of Terrorist Activities, Quetta under section 302/324/120-B/34, P.P.C., for committing the murder of Salal Bugti and causing…
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