| Citation(s) |
|---|
| 1990 SLG 610 1990 SLD 610 1990 SCMR 432 |
Supreme Court of Pakistan
Jail Petition for Leave to Appeal No.7-R of 1984, decision dated: 7-02-1984.
NASIM HASAN SHAH AND S. USMAN ALI SHAH, JJ
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Jail Petition for Leave to Appeal No.7-R of 1984, decision dated: 7-02-1984.
NASIM HASAN SHAH AND S. USMAN ALI SHAH, JJ
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ALI BAHADUR
VS
THE STATE
Law:
Section:
Penal Code (XI.V of 1860)-----Ss.302 & 307--Constitution of Pakistan (1973), Art. l85(3)--Evidence, appreciation of--Broad daylight occurrence occurring in the house of deceased persons--Presence of witnesses was natural and one of them had received injury on her person--No reason existing either for false implication or doubting identification of assailant--Statement of injured eye-witness besides testimony of other witnesses finding support from medical evidence, recovery of crime weapon and abscondence of accused immediately after incident--Plea of accused that deceased were killed by firing of neighbours was irrelevant and did not appeal to reason--Conviction of accused thus was well founded. ORDER S. USMAN ALI SHAH, J.--Ali Bahadur son of Hashim Ali, petitioner in this jail petition was tried by the learned trial Judge under section 302, P.P.C. (on three counts) and 307, P.P.C. for the brutal murders of Qalandar Khan, his wife Mst. Zaibo Jan and Mst. Zakaria Jan wife of Zardad and an attempt to murder Mst. Hanifa Jan daughter of Qalandar Khan (deceased) and was found guilty of the offence and awarded death sentence to him on each count under section 302. P.P.C. and 5 years' R.I. under section 307, P.P.C. The occurrence took place in the house of Qalandar Khan (deceased) on 6-7-1979 at `Degar Nimaz Vela'. The eye-witnesses produced by the prosecution included Nawab Khan complainant, brother of the deceased Qalandar Khan, Mst. Hanifa Jan who received injury at the hands of the accused, Mst. Chanan Jan sister of the complainant, Jehan Dad and Shah Dad both nephews of the complainant. The ocular account of the case is convincing. On appeal to the High Court by the accused against his conviction and sentences, the learned Judges of the Division Bench of the High Court after a thorough scrutiny of the entire evidence on record dismissed the appeal of the petitioner and his death sentence on each count was confirmed vide judgment dated 7-2-1984. After perusal of the judgment of the trial Court as well as the High Court, I have no doubt in my mind…
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