Case Details

Citation(s)
1999 SLG 278 1999 SLD 278 1999 SCMR 223
Supreme Court of Pakistan
Criminal Appeals Nos.340-K and 343 of 1994, decision dated: 10-11-1997, hearing DATE : 27-10-1997
IRSHAD HASAN KHAN, MUNAWAR AHMED MIRZA AND KHALIL-UR-REHMAN KHAN, JJ
Noor-ud-Din Sarki, Advocate Supreme Court for Appellant (d Cr.A. No. 340-K of 1994). lqbal Raad, Additional Advocate-General and Akhlaq Ahmed Siddiqui, Advocate-on-Record for
Respondents Nos. 1 to 4

ALLAT! BAKIISH and another

VS

GHULAM RASOOL and 4 others

Law:

Section:

(a) Penal Code (XLV of 1860)--- ---- Ss. 302, 307 & 148 --- Constitution of Pakistan (1973), Art.185(3) --- Appeal against acquittal of accused --- Conflicting s of two Courts below--­Leave to appeal was granted by Supreme Court to reappraise the evidence in order to find out as to whether High Court had followed the principles and guidelines laid down for evaluation of evidence according to law. (b) Penal Code (XLV of 1860)--Ss.302, 307 & 148 --- Constitution of Pakistan (1973), Art. 185 --- Appeal against acquittal --- Conflicting s of two Courts below --- Reappraisal of evidence --- Sifting chaff from grain --- Greater caution was required for determining extent of involvement of each accused with exactitude --- Evidence, on record required to be analysed, sifted and evaluated with great care and caution giving due weight to the probabilities of the case resolving real doubts in favour of the accused uninfluenced from insignificant and trivial details--­Accused had direct motive and also absconded after the incident --- Deposition of complainants were quite consistent and corroborative with each other and could not be shattered despite extensive cross-examination --- All the witnesses were quite material and normally expected to be present at the relevant time and had unequivocally implicated accused persons for causing murder of both the deceased --- Ocular version of witnesses was fully supported by medical evidence which established that deceased persons were murdered on account of multiple injuries inflicted on their persons by sharp weapons --- Nature of injuries and accumulative effect of attending circumstances disclosed that more than one person were responsible for attacking the complainant party --- Testimony of complainant and two witnesses was independently supported by prosecution witness who was close door neighbour having absolutely no relationship with either side --- Said neighbour had narrated details about the incidence which were communicated to him immediately on his arrival at the scene --- Held, on re­assessment of entire record it was quite apparent that strong material and convincing evidence produced by the prosecution which…
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