| Citation(s) |
|---|
| 1998 SLG 951 1998 SLD 951 1998 SCMR 2610 |
Supreme Court of Pakistan
Criminal Appeals Nos.300, 301 and Jail Petition. No. 160 of 1994, decision dated: 29-05-1998. (On appeal from the judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 20-3-1994 passed in Criminal Appeal No.4 of 1991)
AJMAL MIAN, C.J, MAMOON KAZI AND CH. MUHAMMAD ARIF, JJ
Sardar M. Aslam, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Record for
Respondent No. 3 (in Cr. Appeal No. 301 of 1994). Sh. Altaf Elahi, Addl. A.G., Punjab for the State (in Cr. Appeal No. 301 of 1994). Nemo for Petitioner (in Jail Appe
Criminal Appeals Nos.300, 301 and Jail Petition. No. 160 of 1994, decision dated: 29-05-1998. (On appeal from the judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 20-3-1994 passed in Criminal Appeal No.4 of 1991)
AJMAL MIAN, C.J, MAMOON KAZI AND CH. MUHAMMAD ARIF, JJ
Sardar M. Aslam, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Record for
Respondent No. 3 (in Cr. Appeal No. 301 of 1994). Sh. Altaf Elahi, Addl. A.G., Punjab for the State (in Cr. Appeal No. 301 of 1994). Nemo for Petitioner (in Jail Appe
SHERBAHADUR
VS
THE STATE
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 consider, inter alia, whether High Court was justified in maintaining the conviction of the accused on the uncorroborated evidence of the two eye-witnesses. (b) Penal Code (XLV of 1860)----S. 302/34---Appraisal of evidence---Eye-witnesses appeared to be independent witnesses who had no reason or motive to falsely implicate the accused in the case---Consequently, even if other, corroboratory evidence had not been relied upon by either of the two Courts below, the evidence given by the said eye-witnesses inspired confidence and conviction could be based on their sole testimony---Conviction and sentence of accused were upheld accordingly. (c) Penal Code (XLV of 1860)---S. 302/34---Constitution of Pakistan (1973), Art.185---Appeal against acquittal---Accused was only alleged to have held the deceased in his "Japha" when the co-accused inflicted knife blows on him---High Court had rightly held that absence of injuries on the person of accused had eliminated any chance of his active participation in the crime in the manner alleged by the prosecution and he had been correctly acquitted on benefit of doubt---Appeal against acquittal of accused was dismissed. JUDGMENT MAMOON KAZI, J.---By this common judgment we propose to dispose of Criminal Appeals Nos.300 of 1994, and 301 of 1994 and Jail Petition No.160/94 as all the three of them have been filed against the same judgment dated 2-3-1994 passed by the High Court. 2. Appellants Sher Bahadur and Pervaiz lqbal were earlier tried by the learned Additional Sessions Judge. Attock alongwith their co-accused Mumtaz Khan under section 302/34, P.P.C. All the three accused were found guilty and convicted accordingly. Accused Pervaiz Iqbal was sentenced to death and to pay a fine of Rs.20,000. In default of payment of the fine, he was further sentenced to 2 years rigorous imprisonment. Accused Sher Bahadur and Mumtaz Khan were, however, sentenced to life imprisonment and each one them was further sentenced to pay a fine of Rs.20,000.and in default, to undergo further imprisonment for 2 years.…
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