| Citation(s) |
|---|
| 1969 SLG 210 1969 SLD 210 1969 PLD 101 |
Supreme Court of Pakistan
Criminal Appeals Nos. 15, 16, 39 and P. S. L. A. No. 146 of 1968, decision dated: 3rd March 1969.
HAMOODUR RAHMAN, C.J., MUHAMMAD YAQUB ALI, SAJJAD AHMAD AND ABDUS SATTAR, JJ
Chaudhri Nasir Ahmed Khan, Senior Advocate Supreme Court instructed by Muhammad Nazar Khan, Senior Attorney for Appellants. A. R. Changez, Senior Advocate Supreme Court instructed by Wajid Hussain, Senior Attorney for Appellants. Mahmud Ali Qasuri, Seni
Criminal Appeals Nos. 15, 16, 39 and P. S. L. A. No. 146 of 1968, decision dated: 3rd March 1969.
HAMOODUR RAHMAN, C.J., MUHAMMAD YAQUB ALI, SAJJAD AHMAD AND ABDUS SATTAR, JJ
Chaudhri Nasir Ahmed Khan, Senior Advocate Supreme Court instructed by Muhammad Nazar Khan, Senior Attorney for Appellants. A. R. Changez, Senior Advocate Supreme Court instructed by Wajid Hussain, Senior Attorney for Appellants. Mahmud Ali Qasuri, Seni
Criminal Appeal No. 15 of 1968 BHAI KHAN AND another
VS
THE STATE Criminal Appeal No. 16 of 1968 KHUDA BAKHSH AND another vs THE STATE Criminal Appeal No. 39 of 1968 GHULAM MUHAMMAD alias GULLA AND others vs THE STATE P. S. L. A. No. 146 of 19
Law:
Section:
(a) Constitution of Pakistan (1962), Art. 58 and Penal Code (XLV of 1860), S. 302-Number of persons sentenced to death under S. 302 P. P. C. while some acquitted-High Court confirming death sentence of first set of accused and setting aside acquittal, passing sentence of transportation for life in respect of the second set of accused-Second set of accused filing appeal to Supreme Court as of right under Art. 58(2)(b)-Special leave to appeal granted to first set of accused as well where entire evidence required to be re-examined. (b) Criminal Procedure Code (V of 1898), S. 410-Appeal (criminal)-Appreciation of evidence-Appellate Court ordinarily does not lightly interfere with appreciation of evidence but would do so if appreciation based on mere surmises and speculations. It is true that a Court of appeal should not lightly interfere with the appreciation of evidence by the trial Judge who is in the position to watch the demeanour of a witness which reflects on his credibility. However, if the appreciation is not based exclusively on the materials placed before the trial Court, but on reasoning which is found to be faulty or on speculation and surmises then the Court of appeal would be justified in forming its own view of the evidence. JUDGMENT MUHAMMAD YAQUBALI, J.-----This disposed of Criminal Appeals Nos. 15, 16 and 39 of 1968 and Criminal Petition for Special Leave to Appeal No. 146 of 1968. On the 17th of November 1964, a serious riot took place in village Jhawarian, District Sargodha, resulting in the death of eight persons and injuries to three others by the use of fire-arms. Fifteen persons were tried for this occurrence, namely, Ghulam Muhammad alias Gulla, Rehman son of Jalal, Dost Muhammad alias Dossa, Allah Yar, Muhammad Yar, Allah Bakhsh, Muhammad Hayat, Allah Dad, Rehman son of Mamoon, Bhai Klan, Umar Hayat, Khuda Bakhsh and Rafiq under sections 148, 302/149 and 307/149, P. P. C. and Karam Dad and Muhammad Afzal under section 120-B, P. P. C. for criminal conspiracy to commit the aforesaid offences. The trial Judge found the first nine accused persons guilty of the aforesaid offences and sentenced them each to suffer death on the capital charge…
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