| Citation(s) |
|---|
| 2003 SLG 809 2003 SLD 809 2003 SCMR 24 |
Supreme Court of Pakistan
Criminal Petition No. 196 of 2002, decided on 22nd July, 2002. (On appeal from the order dated 10-5-2002 passed by Lahore High Court, Rawalpindi Bench, Rawalpindi in Criminal Miscellaneous No. 277/B/C/2002)
SYED DEEDAR HUSSAIN SHAH AND TANVIR AHMED KHAN., JJ
Mirza Masood-ur-Rehman, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record (absent) for Petitioner Nemo for the State
Criminal Petition No. 196 of 2002, decided on 22nd July, 2002. (On appeal from the order dated 10-5-2002 passed by Lahore High Court, Rawalpindi Bench, Rawalpindi in Criminal Miscellaneous No. 277/B/C/2002)
SYED DEEDAR HUSSAIN SHAH AND TANVIR AHMED KHAN., JJ
Mirza Masood-ur-Rehman, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record (absent) for Petitioner Nemo for the State
SARDAR KHAN alias DARA
VS
THE STATE
Law: Pakistan Penal Code, 1860
Section: 302,324,353
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Anti Terrorism Act, 1997
Section: 7
Penal Code (XLV of 1860)--- ----Ss. 302, 324 & 353---Anti-Terrorism Act (XXVII of 1997), S.7--Constitution of Pakistan (1973), Art.185(3)---Occurrence had taken place in front of the house of accused in sufficient daylight to identify him---Ocular evidence had gone unchallenged and unrebutted---Policemen had no grudge, grouse or enmity against the accused to wrongly involve him in the case--Specific role had been attributed to accused in F.I.R. which was supported by circumstantial evidence in the shape of recovery of blood from the place of occurrence and medical evidence---Unimpeachable ocular evidence had rightly been believed by the Courts below---Leave to appeal was refused to accused in circumstances. Sheral alias Sher Muhammad v. The State 1999 SCMR 697; Rehmat and others v. The State PLD 1959 SC (Pak.) 109; Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11 and Naik Muhammad alias Nota v. The State 1995 SCMR 317 distinguished. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---The petitioner seeks leave to appeal against the judgment of the Lahore High Court, Lahore dated 23-5-2002, whereby Criminal Appeal No. 48 of 2002 filed by him was dismissed and the sentence of death awarded by 'the trial Court was maintained, and Murder Reference No. 11-T of 2002, filed by the State was answered in affirmative. 2. Briefly stated the facts of the case are that Muhammad Rafique S.-I./S.H.O„ Police Station Musa Khel alongwith Haji Muhammad Ali, S.-I., Abdur Rehman and Muhammad Farooq, A.S.-Is., Arsla Khan, Nawaz Khan, Ghulam Qasim and Ghulam Mustafa, Constables armed with rifles; Muhammad Yar, A.S.-I. and Amanullah, Constable armed with SMG rifles; and Muhammad Iqbal, Constable armed with' G-III rifle, was present in village Chhidru for elimination of crime. After leaving Buland Khan with the official vehicle at Adda Chhidru, the aforementioned police officials went to the Haveli of the petitioner to inquire about him on 22-6-2000 at 6-30 p.m. The petitioner armed with a kalashnikov was present in the courtyard of his house. His wife Mst. Aisha was standing by the side of water reservoir near the door. Bahadar Khan, Mumtaz, Altaf, Mushtaq alongwith…
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