Case Details

Citation(s)
2005 SLG 1277 2005 SLD 1277 2005 SCMR 1034
Supreme Court of Pakistan
Jail Petition No. 197 of 2002, decision dated: 5-03-2003
NAZIM HUSSAIN SIDDIQUI, HAMID ALI MIRZA AND, SARDAR MUHAMMAD RAZA KHAN, JJ

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MUHAMMAD ZULFIQAR er

VS

. THE STATE --Respondent

Law:

Section:

Penal Code (XLV of 1860) -- Ss. 302(b), 365, 392 & 411 Constitution of Pakistan (1973), Art. 185(3) Leave to appeal was granted to accused to consider, inter alia whether under the facts and circumstances last seen evidence produced by the prosecution and the recovery of the incriminating articles, could be relied upon and the same were sufficient to establish the guilt of the accused, especially when the prosecution evidence in respect of the co accused was disbelieved on the ground that "contradictory statements" were given in respect of them, and whether the principles of safe dispensation of criminal justice laid down by Supreme Court in various cases were followed. Sardar M. Siddique Khan, Advocate Supreme Court for Petitioner. Sardar Muhammad Ghazi, Advocate Supreme Court and M.A Zaidi, Advocate on Record for Respondent. Date of hearing: 5th March, 2003. ORDER NAZIM HUSSAIN SIDDIQUI, J. Petitioner Muhammad Zulfiqar along with co accused namely Ehsan Ullah, Naveed, Bashir Hussain and Muhammad Ijaz, was tried by learned Judge, Anti Terrorism Court, Faisalabad under sections 302/365/392/201/412/34, P.P.C. All above named co accused were acquitted vide judgment, dated 5 6 2000, but the petitioner was convicted under sections 302(b)/365/ 392/411, P.P.C. and various sentences, including death were awarded to him, which…
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