Case Details

Citation(s)
1992 SLG 1995 1992 SLD 1995 1992 PLJ 119
Lahore High Court
Criminal Appeal No. 3 of 1984, decided on 16.12.1991.
ABDUL MAJEED MALLICK, CJ

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MUHAMMAD BASHIR---Appellant

VS

THE STATE--Respondent

Law:

Section:

(i) Benefit of doubt-- —-Double murder-Case of--Conviction for-Challenge to—It is an accepted principle of law that court has to be careful in imposing punishment on accused, and on slightest suspicion, it is better to acquit than to  onvict accused-Held: Events preceding immediately before first and second incident remaining shrouded in mystery, murder of Mst. Mahmooda Begum has not been established free from doubt-Appellant  cquitted in first incident of murder.           [Pp.l24125]F      (ii) Criminal Trial— -—Double murder-Case of--Conviction for~Challenge to—On charge of murder of Mst. Mahmooda Begum, prosecution produced Nasima, solitary minor female witness, but her name was not given in FIR- uhammad Ayub, injured PW was alone eye-witness of second murder and evidence of other eye-witnesses is not free from doubt-Eye-witnesses were admittedly inimical towards accused and prosecution has  ailed to produce corroborative evidence -Held: There was no evidence of requisite standard to visit accused with sentence of Qisas on basis of testimony of solitary witness.    [P.124]C,DE     (iii) Eye-witnesses- —Double muder-Case of--Conviction for-Challenge to—Muhammad Ayub, injured witness alone is eye-witness of second incident—Whole incident! according to Prosecution, took a short time-Other witnesses are shown tohave arrived on scene after some interval of 10 minutes or more-Presence of these witnesses was introduced by Prosecution to strengthen evidence against assailant-Held: Presence of witnesses except Muhammad Ayub, injured PW, as eye-witnesses of second incident, is not free from doubt. [Pp.l22123]A (iv) Lesser Sentence-- —Double murder—Case of—Conviction for—Challenge to—Second murder is established by virtue of testimony of Muhammad Ayub, injured PW-Held: In absence of independent corroboration and initial  ircumstances leading to murder having been found shrouded in mystery and obscurity, sentence of 14 years R.I. is deemed just and adequate to serve ends of justice-Benefit of Section 382-B of CriminJ  rocedure Code also allowed.          …
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