| Citation(s) |
|---|
| 2002 SLG 1253 2002 SLD 1253 2002 SCMR 820 |
Supreme Court of Pakistan
Criminal Appeal No.336 of 2000, decision dated: 14-09-2001.(On appeal from the judgment dated 21-1-2000 passed by the High Court of Sindh, Karachi, in ATA Appeal No. 28 of 1999)
SH. RIAZ AHMED, SYED DEEDAR HUSSAIN SHAH AND TANVIR AHMED KHAN, JJ
Aziz Ullah Shaikh, Senior Advocate Supreme Court with Akhlaq Ahmed Siddiqui, Advocate-on-Record for Appellant. Raja Qureshi, Advocate General, Sindh with Suleman Habibullah, Additional Advocate General for the State.
Criminal Appeal No.336 of 2000, decision dated: 14-09-2001.(On appeal from the judgment dated 21-1-2000 passed by the High Court of Sindh, Karachi, in ATA Appeal No. 28 of 1999)
SH. RIAZ AHMED, SYED DEEDAR HUSSAIN SHAH AND TANVIR AHMED KHAN, JJ
Aziz Ullah Shaikh, Senior Advocate Supreme Court with Akhlaq Ahmed Siddiqui, Advocate-on-Record for Appellant. Raja Qureshi, Advocate General, Sindh with Suleman Habibullah, Additional Advocate General for the State.
SOLAT ALI KHAN
VS
THE STATE
Law:
Section:
Penal Code (XLV of 1560)---S. 302/34---Anti-Terrorism Act (XXVII of 1997), $.7---Re-appraisal of evidence---Ocular account had been narrated in its material particulars by three prosecution witnesses out of them one was an independent witness, second one was wife of the deceased and third was son of the deceased---All the witnesses had described the manner in which three deceased were done to death---Witnesses had stated that it was the accused who was seen by them tiring at the deceased---Presence of wife and son of deceased being inmates of the house in front of which occurrence had taken place, could not be doubted on any score---Said witnesses were subjected to lengthy cross-examination but their testimony could not be shattered---Presence of the witness at spot was natural and had been proved beyond any doubt and they did not have any malice or ill-will against accused to falsely implicate him---Variation in place of arrest of accused would not have any material effect when arrest of accused got established from the Airport and subsequent to arrest accused on the next day had led to recovery of offensive weapon---Incriminating weapons were sent to Examiner of Firearm and according to his report some of crime empties recovered from the spot matched with kalashnikov recovered on pointation of accused---Simply because recovery had been proved through testimony of police officials, same could not be discarded---Identification parade of accused conducted under supervision of Judicial Magistrate, was proved to have been conducted strictly in accordance with law and rules and eye-witnesses had correctly pinpointed the accused---Contention that identification parade which was held after more than 530 days of the occurrence and 9 days after arrest of accused would not advance case of the prosecution, was repelled because after occurrence accused had left the country and carne back after about one year and six months and was apprehended at the Airport---Accused had made judicial confession before the Magistrate and admitted his involvement in the case apart from mam_ other cases---Confession of the accused was voluntary and without any coercion and he had signed…
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