| Citation(s) |
|---|
| 2001 SLG 1352 2001 SLD 1352 2001 PLD 398 |
Supreme Court of Pakistan
Criminal Appeal No.311 of 2000, decided on 18th January, 2001., (On appeal from the judgment dated 271998 of the Lahore High Court, Lahore passed in Criminal Appeal No.607/95 and Criminal Revision No.349/95).
RASHID AZIZ KHAN AND HAMID ALI MIRZA, JJ.
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Criminal Appeal No.311 of 2000, decided on 18th January, 2001., (On appeal from the judgment dated 271998 of the Lahore High Court, Lahore passed in Criminal Appeal No.607/95 and Criminal Revision No.349/95).
RASHID AZIZ KHAN AND HAMID ALI MIRZA, JJ.
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ARIF MASIH and another
VS
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)-------Ss. 302(b)/34---Appraisal of evidence---Incident had taken place in day time in the house of the complainant when all the family members of the house including `ihe wife of the deceased were present---Complainant had given the description as to features of the accused in the F.I.R., which he had reiterated in the Court---Witnesses had identified the accused in the identification parade assigning the respective roles played by them at the time of occurrence which was corroborated by the Magistrate who had conducted the identification proceedings---Prosecution witnesses had no animus to falsely implicate the accused in the case---Ocular testimony was confidence inspiring and creditworthy---No exception could be taken to the finding of guilt arrived at by the Courts below against the accused---Conviction and sentence of accused were upheld in circumstances. Bharat Singh v. State of U.P. AIR 1972 SC 2478 ref. (b) Qanun-e-Shahadat (10 of 1984)------Art. 22---Identification parade---Delay, in holding of---More' long interval in holding identification test/parade or identification of accused would not by itself be sufficient to discard the testimony when the testimony as regards identification itself was also not challenged by the accused in cross-examination. Bharat Singh v. State of U.P. AIR 1972 SC 2478 ref. Muhammad Munir Paracha, Advocate Supreme Court (on Court's call) for Appellants. Ch. Arshad Ali, Advocate Supreme Court for. the State. Date of hearing: 18th January, 2001. JUDGMENT HAMID ALI MIRZA, J.---This Criminal Appeal by leave of this Court is directed against the judgment of conviction dated 2-7-1998 in Criminal Appeal No.607 of 1995 passed by learned Division Bench of Lahore High Court, -Rawalpindi Bench, whereby conviction of the appellants under sections 302(b)/34, P.P.C. and sentence of life imprisonment as per judgment dated 16-8-1995 awarded by Additional Sessions Judge, Faisalabad were maintained. 2. Brief facts of the case are that Tariq Masood Seleem lodged F.I.R. 353 of 1993 on 28-8-1993 at 1-30 p.m. at Police Station Nishatabad, District Faisalabad stating therein that on the said date at 1-00 p.m. he…
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