| Citation(s) |
|---|
| 2002 SLG 1424 2002 SLD 1424 2002 SCMR 1387 |
Supreme Court of Pakistan
Criminal Petition No.342-L of 2001, decision dated: 8-02-2002. (On appeal from the judgment dated 7-5-2001 of the Lahore High Court, Lahore passed in Criminal Appeal No.2049 of 2000)
QAZI MUHAMMAD FAROOQ, TANVIR AHMED KHAN AND KHALIL-UR-REHMAN RAMDAY, JJ
A.G. Tariq Chaudhry, Advocate Supreme Court and Mehmood A. Qureshi, Advocate-on-Record (absent) for Petitioner. Nemo for
Respondents
Criminal Petition No.342-L of 2001, decision dated: 8-02-2002. (On appeal from the judgment dated 7-5-2001 of the Lahore High Court, Lahore passed in Criminal Appeal No.2049 of 2000)
QAZI MUHAMMAD FAROOQ, TANVIR AHMED KHAN AND KHALIL-UR-REHMAN RAMDAY, JJ
A.G. Tariq Chaudhry, Advocate Supreme Court and Mehmood A. Qureshi, Advocate-on-Record (absent) for Petitioner. Nemo for
Respondents
Malik MASHOOD AHMED
VS
JAFAR and 2 others
Law:
Section:
Penal Code (XLV of 1860)--- ----S.302/34---Constitution of Pakistan (1973), Art. 185(3)---Appeal against acquittal---Accused had been acquitted on correct premises and grounds of their acquittal recorded by the Trial Court were considered and upheld by the High Court which could not be termed as fanciful or capricious so as to justify interference---Leave to appeal was declined by Supreme Court to the complainant accordingly. JUDGMENT QAZI MUHAMMAD FAROOQ, J.---The petitioner seeks leave to appeal against the judgment dated 7-5-2001 of a learned Division Bench of the Lahore High Court, Lahore whereby his appeal against acquittal of the respondents Jaffar and Mst. Shahnaz Bibi in a murder case was dismissed. 2. The respondents were tried by the learned Additional Sessions Judge. Ferozewala for the murder of one Wajid Ali, husband of' respondent Mst. Shahnaz Bibi, but were acquitted vide. judgment dated 27-11-2000. 3. The occurrence took place on the night between 11/12-2-1999. It was alleged in the F.I.R. that the respondents had developed an illicit liaison and in order to get married had eliminated the deceased. 4. The respondents were acquitted on the grounds; (i) the main eyewitness Zulfiqar Ali (P.W.5)…
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