Case Details

Citation(s)
1999 SLG 269 1999 SLD 269 1999 SCMR 146
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No. 488-L of 1997, decision dated: 23rd June, 1998. (On appeal from the judgment/order, dated 18-11-1997, of the Lahore High Court, Lahore passed in Crl.A. 296/1996)
MUHAMMAD BASHIR, JEHANGIRI, SH. IJAZ NISAR AND MAMOON KAZI, JJ
Muhammad Asghar Khan Rokhri, Advocate Supreme Court with Mahmoodul Islam, Advocate-on-Record for Petitioner

NOOR KHAN

VS

THESTATE

Law:

Section:

Penal Code (XLV of 1860)--S. 302(b)---Constitution of Pakistan (1973), Art.185(3) --- Leave to appeal was granted to consider contentions that the accused had no direct motive against the deceased, that ocular testimony was in serious conflict with medical evidence with regard to the distance from which the shots were fired at the deceased and that the testimony of eye-witnesses having been disbelieved qua majority of the accused persons, same could not have been acted upon against the present accused alone in the absence of any . independent or material corroboration. ORDER SH. IJAZ NISAR, J.---This petition is directed against the judgment, dated 18-11-1997, passed by the Lahore High Court, Lahore, in Criminal Appeal No.296 of 1996. 2. The fact, in brief, are that Noor Khan petitioner alngwith 4 others was tried for the murder of Khalas Khan deceased with a fire-arm. By judgment, dated 27-3-1996, the Judge Special Court Suppression of Terrorist Activities, Faisalabad and Sargodha Division, convicted the petitioner under section 302/149, P. P.C. and sentenced him to death, while his co-accused were also convicted and sentenced to imprisonment for life. They were also convicted under section 148, P.P.C. and sentenced to 3 years' R.I. each. By judgment dated 18-11-1997 the learned High Court dismissed…
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