Case Details

Citation(s)
2010 SLG 2605 2010 SLD 2605 2010 SCMR 1959
Supreme Court of Pakistan
Criminal Appeal No. 671 of 2006, decision dated: 29-12-2009 (Against judgment dated 30-5-2006 of the High Court of Sindh, Circuit Court, Hyderabad, passed in Criminal Appeal No.83 of 2004)
ANWAR ZAHEER, JAMALI, KHILJI ARIF HUSSAIN AND RAHMAT HUSSAIN, JAFFERI, JJ

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MUHAMMAD BUX

VS

ABDUL AZIZ and others

Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 417(2-A)---Penal Code (XLV of 1860), S.302/34---Qatl-e-amd---Appeal against acquittal---Reappraisal of evidence---Report of Forensic Science Laboratory was in negative in respect of gun allegedly recovered from the possession of accused---Statements of two eye-witnesses were recorded after 3/4 days of the incident---Both eye-witnesses who were not present at the scene of incident, had made improvements in their statements recorded in the court---Statement of the complainant, was unreliable for the reason that he disclosed the motive, which had not been proved in accordance with law---Motive was an important fact, but the prosecution had failed to establish the same---Presence of the complainant at the scene. of incident had not been established from the other evidence available on record, except his own version, which was not enough to be relied upon---High Court had examined the entire evidence and rightly concluded that the witnesses were not present and the case was not free from doubt---In absence of reason to disagree with the High Court, appeal against its was dismissed. Muhammad Sadiq v. Muhammad Sarwar 1979 SCMR 214; Hakim Ali v. The State 1971 SCMR 432 and Ammenullah v. State PLD 1976 SC 629 ref. Mehmood A. Qureshi, Advocate Supreme Court for Appellant. Izhar Alam Faruqi, Advocate-on-Record for Respondent No.1 to 3. Zafar Ahmed Khan, Additional Prosecutor-General, Sindh for the State. Date of hearing. 29th December, 2009. JUDGMENT RAHMAT HUSSAIN JAFFERI, J.---The appellant has filed the present appeal with leave of the Court to challenge the judgment dated 30-5-2006, passed by the learned High Court of Sindh, Circuit Court, Hyderabad, by which the learned High Court acquitted respondents Nos.1 to 3 (hereinafter referred to as the `respondents', who were convicted by the learned Additional Sessions Judge, Shandadpur for offence punishable under section 302 read with 34, P.P.C. and sentenced each of them to suffer imprisonment for life with benefit of section 382-B, Cr.P.C. 2. The allegation of the prosecution is that on 9-12-1999, the complainant Muhammad Bux (P.W.1) along with his brother Ali Gul (P.W.2) and…
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