| Citation(s) |
|---|
| 2007 SLG 1138 2007 SLD 1138 2007 PLD 102 |
Supreme Court (AJ&K)
(On appeal from the judgment of the Shariat Court Dated 10-6-2005 in Criminal Reference No. 27 of 2004 and Criminal Appeal No. 11 of 2005). Criminal Appeals Nos. 44, 47 and 48 of 2005, decision Dated: 18-05-2007. hearing Dated: 05-03-2007.
KHAWAJA SHAHAD AHMED, JUSTICE
Petitioner(s) by: Sardar Khalil Ahmed Bukhari (in Criminal Appeal No. 44 of 2005).
Respondent(s) by: Ch. Ali Muhammad (in Criminal Appeal No. 44 of 2005). Muzaffar Ali Zafar, Addl. A.G. (in Criminal Appeal No. 44 of 2005). Syed Khalil Ahmed Bukhari (in C
(On appeal from the judgment of the Shariat Court Dated 10-6-2005 in Criminal Reference No. 27 of 2004 and Criminal Appeal No. 11 of 2005). Criminal Appeals Nos. 44, 47 and 48 of 2005, decision Dated: 18-05-2007. hearing Dated: 05-03-2007.
KHAWAJA SHAHAD AHMED, JUSTICE
Petitioner(s) by: Sardar Khalil Ahmed Bukhari (in Criminal Appeal No. 44 of 2005).
Respondent(s) by: Ch. Ali Muhammad (in Criminal Appeal No. 44 of 2005). Muzaffar Ali Zafar, Addl. A.G. (in Criminal Appeal No. 44 of 2005). Syed Khalil Ahmed Bukhari (in C
Criminal Appeal No. 44 of 2005 LIAQAT HUSSAIN AND ANOTHER
VS
ULFAT KHAN AND, ANOTHER Criminal Appeal No. 47 of 2005 MST. RAJ BI AND 3OTHERS VS LIAQAT HUSSAIN AND 2OTHERS Criminal Appeal No. 48 of 2005 KHAN MUHAMMAD VS ULFAT KHAN AND ANOTHER
Law: Pakistan Penal Code, 1860
Section: 34,302,302(a),341
Law: Criminal Procedure Code (V of 1898)
Section: 103
Law: West Pakistan Arms Ordinance (XX of 1965)
Section: 13
(a) Penal Code (XLV of 1860)--- ----S. 302---Appreciation of evidence---Principles---Conviction can be recorded on the ocular testimony of a natural and reliable witness without seeking any corroboration---Such testimony, however, is required to be scrutinized with great care and caution in order to eliminate any possibility of doubt.? Muhammad Hanif v. The State 1983 PCr.LJ 22S ref. (b) Penal Code (XLV of 1860)--- ----S. 302---Appreciation of evidence---Inimical or interested witness---Practice and procedure ---While evaluating the evidence of an inimical, interested or partisan witness, Court has to be more cautious and it should focus its attention on the question whether his presence at the place of occurrence was probable and if so whether the story narrated by him is consistent with the other evidence on record, natural course of human events, surrounding circumstances and inherent probability of the case is sufficient to satisfy a prudent person---If the answer is in affirmative and the evidence of the witness appears to be almost flawless and free from suspicion, court may accept such evidence.? (c) Penal Code (XLV of 1860)--- ----Ss. 302/34 & 341---West Pakistan Arms Ordinance (XX of 1965), S.13---Appreciation of evidence---Evidence of eye-witnesses being free from suspicion inspired confidence, which was corroborated by the medical evidence, recovery of pistol from the accused which matched with the crime empties according to the report of Firearms Expert--No enmity of prosecution witnesses with the accused was proved on record, which had ruled out the possibility of substitution of accused, which even otherwise was a very rare phenomenon---Minor contradictions pointed -out in evidence did not lead to any doubt about innocence of accused and were quite natural---Mere relationship of eke-witnesses with the deceased was no ground for discarding their testimony unless their enmity with accused was established---Convictions and sentences of accused were upheld in circumstances.? (d) Penal Code (XLV of 1860)--- ----S. 302---Appreciation of evidence---Related witnesses, credibility of---Relationship of witnesses with the deceased alone is not sufficient…
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