| Citation(s) |
|---|
| 2010 SLG 2763 2010 SLD 2763 2010 SCMR 1020 |
Supreme Court of Pakistan
Criminal Appeal No.590 of 2006, decision dated: 23rd February, 2010
MIAN SHAKIRULLAH, JAN, ANWAR ZAHEER, JAMALI AND RAHMAT HUSSAIN, JAFFERI, JJ
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Criminal Appeal No.590 of 2006, decision dated: 23rd February, 2010
MIAN SHAKIRULLAH, JAN, ANWAR ZAHEER, JAMALI AND RAHMAT HUSSAIN, JAFFERI, JJ
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ALTAF HUSSAIN
VS
. THE STATE
Law:
Section:
Penal Code (XLV of 1860)-------Ss. 302(b) & 337-F(c)---Qatl-e-amd and hurt---Appraisal of evidence---Accused had caused both the fatal injuries to the deceased with a "Chhuri" after taking out the same from the fold of his Shalwar in the presence of several persons including the eye-witnesses---Role of accused was not only specified in the F.I.R., but was also proved on record by the confidence inspiring ocular evidence-Non-proof or weakness of the motive behind the occurrence could not dislodge the prosecution case, otherwise proved beyond reasonable doubt---Accused had failed to substantiate his defence plea---Ocular testimony was natural, firm and free from material contradictions---Appeal was dismissed in circumstances. Muhammad Yaqub v. State PLD 1969 Lah.548; Ashiq Hussain v. State PLD 1994 SC 879; Khan v. State 2006 SCMR 1744 and Zulfiqar Ali v. State 2008 SCMR 796 ref. Muhammad Zaman Bhatti, Advocate Supreme Court for Appellant. Mian Asif Mumtaz, Deputy Prosecutor-General, Punjab for the State. Date of hearing: 23rd February, 2010. JUDGMENT ANWAR ZAHEER JAMALI, J.---In this Criminal Appeal, with the leave of the Court, judgment of learned Single Judge in Chambers of Lahore High Court dated 7-10-2005, passed in Criminal Appeal No.1528 of 2002 and Criminal Revision No.1048 of 2002, both arising out of judgment of the trial Court of Sessions Judge Bhakkar dated 29-7-2002, in Sessions Case No.10 of 2002, arising out of F.I.R. No.61 dated 25-4-2002, Police Station City Bhakkar, has been challenged by the appellant. 2. The relevant facts of this case are that on 25-4-2002, at 2355 hours complainant Abdul Majeed made a report to Noor Muhammad, Sub-Inspector at Police Station City Bhakkar stating before him that he and his brother Muhammad Rasheed, were working in Thal Textile Mills, Bhakkar for the last four months. On the said date at 2315 hours, when he along with his brother Abdul Rasheed and two other persons Zafar Iqbal and Nazar Hussain was on duty in Khata No.3 of the Mills, three persons, Altaf Hussain (present appellant), Muhammad Aslam and Alam Sher, who were also working in the same Mills exchanged hot words with his brother, over some trifle…
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