| Citation(s) |
|---|
| 1992 SLG 2202 1992 SLD 2202 1992 PLJ 184 |
Supreme Court of Pakistan
Criminal Appeal No. 240 of 1990, dismissed on 183.1992. [On appeal from judgment/order Dated 23.1.1989, of Lahore High Court, passed in Cr. Appeal No. 50 of 1986.] Date of hearing: 13.1.1992.
SHAFIUR RAHMAN, MUHAMMAD AFZAL LONE AND WALI MUHAMMAD KHAN, JJ.
Sardar Muhammad Latif Khosa, Advocate, Supreme Court, and S. Abul Aasim Jaferi, AOR for Appellants. Mian Attaur Rahman, Advocate, Supreme Court, and Rao Muhammad Yousuf Khan, AOR for State.
Criminal Appeal No. 240 of 1990, dismissed on 183.1992. [On appeal from judgment/order Dated 23.1.1989, of Lahore High Court, passed in Cr. Appeal No. 50 of 1986.] Date of hearing: 13.1.1992.
SHAFIUR RAHMAN, MUHAMMAD AFZAL LONE AND WALI MUHAMMAD KHAN, JJ.
Sardar Muhammad Latif Khosa, Advocate, Supreme Court, and S. Abul Aasim Jaferi, AOR for Appellants. Mian Attaur Rahman, Advocate, Supreme Court, and Rao Muhammad Yousuf Khan, AOR for State.
MUKHTAR and 4 others--Appellants
VS
THE STATE--Respondents
Law:
Section:
(i) Alibi-- —Murder-Offence of--Conviction for--Challenge to—Contention that appellant No.5 had pleaded alibi and produced disinterested evidence in support thereof and that same was ignored without any plausible explanation- Held: Trial Court as well as appellate court have properly considered plea of alibi of appellant No.5 and rejected same for valid reasons which do not call for interference at this stage-Appeal dismissed, [P.188]CD (ii) Criminal Trial- -—Murder-Offence of-Conviction for-Challenge to--PWs 11 and 12 had stamp of several injuries on their persons and as such their presence on spot cannot be doubted-Injuries were caused to them from close range and it being a daylight occurrence, they were in a position to identify assailants-¬Complainant party had BO serious enmity with anybody else who could have caused death of Abdul Aziz and injured PWs and their companions-¬Appellants had strong motive to harm complainant party--Held:In view of background of case, nature of injuries sustained by complainant party, and high-handedness and brutality with which crime was perpetrated, there is no room for doubt that appellants and their kith and kin did participate in tragedy and direct evidence supplied by injured PWs cannot be brushed aside. [Pp.l87188JAB JUDGMENT Wali Muhammad Khan, J.~Mukhtar, Nawaz, Muhammad Afzal, Mumtaz alias Taja and Muhammad Aslam sons of Hassan Muhammad, residents of Chak maintained. The respondent did not file any appeal to challenge the exclusion of this area and the decree in favour of Faheem-ul-Islam of 3 kanals has assumed finality. However, the appellant has challenged the decree passed by the High Court whereby the decree with regard to ihe remaining land, measuring 3 kanals 10 Sq.Ft. has been maintained and contends that as the original agreement for sale was for 6 kanals 10 Sq.Ft. and the decree passed in favour of the respondent is only for 3 kanals 10 Sq.Ft. such a decree, which is inconsistent with the original agreement, and the remaining decree, cannot (be) specifically performed. We observe that this…
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