Case Details

Citation(s)
1999 SLG 426 1999 SLD 426 1999 SCMR 1957
Supreme Court of Pakistan
Criminal Appeals Nos.251 and 252 of 1993, decision dated:19-03-1999, hearing DATE : 12-03-1999
NASIR ASLAM ZAHID, MUNAWAR AHMED MIRZA AND ABDUR REHMAN KHAN, JJ
Ijaz Hussain Batalvi, Senior Advocate Supreme Court and Muhammad Aslam. Chaudhry, Advocate-on-Record (absent) for Appellants (in Cr. A. No. 251 of 1993). Mirza Masood-ur-Rehman, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record (absent) fo

MUHAMMAD ALI and others vsTHE STATE and others

Law:

Section:

(a) Penal Code (XLV of 1860)--Ss. 302/34 & 307/34 --- Constitution of Pakistan (1973), Art. 185 (3)---Leave to appeal was granted to the accused as well as to the complainant by the Supreme Court to reappraise the entire evidence in view of the features apparent on, the face of the impugned . (b) Penal Code (XLV of 1860)--- ---- Ss. 302/34 & 307/34 --- Appreciation of evidence --- Solitary statement when sufficient for conviction --- Solitary statement of a witness when appearing reliable and confidence inspiring is deemed sufficient for bringing home guilt of the accused. Muhammad Ashraf v. The State 1971 SCMR 530; Muhammad Siddique v. The State 1971 SCMR 659; Mehmood Khan v. Ahmad 1972 SCMR 620 and Fazal Diyan v. State 1973 SCMR 473 ref. (c) Penal Code (XLV of 1860)--- ---- Ss. 302/34 & 307/34 --- Appraisal of evidence --- Testimony of the injured witness corroborated by version of the complainant fully supported by medical evidence supplemented by the recoveries, motive and circumstantial factors had ,firmly established involvement of the accused in the crime --- Prosecution had, thus, discharged its onus about placing responsibility upon the accused , for causing two murders and launching murderous attack on the injured witnesses--­Stand taken by accused about manner of attack by the complainant party was neither probable nor believable---Minor omissions or discrepancies in the statements of witnesses were not fatal to the prosecution case --- Convictions and sentences of accused were upheld in circumstances. Safdar Ali v. The Crown PLD 1953 FC 93; Hakim Ali v. The State 1971 SCMR 432; Noor Muhammad v. The State 1993 SCMR 208; Abdul Rashid v. The State PLD 1983 SC 204; Muhammad Gul v. The State 1970 SCMR 797; Muhammad Ashraf v. The State 1971 SCMR 530; Muhammad Siddique v. The State 1971 SCMR 659; Mehmood Khan v. Ahmad 1972 SCMR 620 and Fazal Diyan v. State 1973 SCMR 473 ref. (d) Penal Code (XLV of 1860)--- ---- S. 302/34 --- Constitution of Pakistan (1973), Art. 185 --- Appeal against acquittal --- Accused at the time of incident were merely armed with "Sotas" and prosecution evidence did not indicate their common intention or direct…
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