Case Details

Citation(s)
1990 SLG 442 1990 SLD 442 1990 SCMR 17
Supreme Court of Pakistan
Criminal Petition No.83 of 1988, decision dated: 19-06-1989.
MUHAMMAD AFZAL ZULLAH, GHULAM MUJADDID AND USMAN ALI SHAH, JJ
Q.M. Salim, Senior Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record (absent) for Petitioner. Kh. Sultan Ahmad, Senior Advocate Supreme Court and Rana MA. Qadri, Advocate-on-Record for
Respondents Nos. 1 to 5. Muhammad Akhtar, Addl. A.G. with

AMIR ZAMAN

VS

MUHAMMAD YAQOOB and others

Law:

Section:

Penal Code (XLV of 1860)-----S.302/149---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal against acquittal was granted against accused A only where though there was only ocular evidence against him but the same found corroboration from other unimpeachable independent evidence. JUDGMENT GHULAM MUJADDID, J.--The respondents were convicted by the trial Court under section 302/149, P.P.C. and sentenced to death with fine of Rs.10,000 each as well as compensation amounting to Rs.10,000 each. They were also held guilty under section 148, P.P.C. and sentenced to three years, R.I. each. On appeal the High Court acquitted all of them. Petitioner now seeks leave to appeal against the aforesaid judgment. Learned counsel for the petitioner submitted that case against the respondents had been proved beyond doubt. The High Court, therefore, erred in law in letting them off. The judgment as such is not legally maintainable. We don't agree with this because the High Court after discussing the entire evidence found that the…
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