Case Details

Citation(s)
2010 SLG 2853 2010 SLD 2853 2010 SCMR 1604
Supreme Court of Pakistan
Criminal Appeals Nos.251 and 252 of 2005, decision dated:8-07-2010
Mian Shakirullah Jan, Anwar Zaheer Jamali and Rahmat Hussain Jafferi, JJ

Mst. ASKAR JAN and othersVs.MUHAMMAD DAUD and others

Law:

Section:

ANWAR ZAHEER JAMALI, J.--Criminal Appeal No.251 of 2005, filed by Mst. Askar Jan, mother of deceased Muhammad Khurshid for challenging the acquittal of respondent No.2, Gohar Sultan, respondent No.3 Shajar-ul-Haq alias Feroz, non-awarding of compensation under section 544-A, Cr.P.C., and dismissal of her Criminal Revision No.11 of 1999, and Criminal Appeal No.252 of 2005 preferred by appellant Muhammad Daud against his conviction and sentence awarded by the trial Court, as, maintained by the High Court, arise out of common judgment of the learned Division Bench of Lahore High Court, Rawalpindi Bench dated 1612-2002, passed in Criminal Appeal No.19 of 1999, Criminal Appeal No.20 of 1999, Criminal Revision No.11 of 1999 and Murder Reference No.180 of 1999, hence we purpose to dispose of both these appeals by this single judgment.   In these cases, leave to appeal was granted by this Court vide its common order dated 28-7-2005, which reads as under:--   "Leave to appeal is granted in listed-petitions to examine as to whether:   The respondent Gohar Sultan has rightly been acquitted of the charge and evidence available against him has been disbelieved for the reasons recognized under the law.   The facts and circumstances of the case and the evidence produced by the prosecution is sufficient to justify the conviction of petitioner Muhammad Daud in the light of the principles laid down by this Court for appreciation of evidence in criminal administration of justice.   The amount of compensation imposed upon Muhammad Daud is contrary to the settled law qua accusation against him of causing the murder of deceased-Khurshid.   Bailable, warrants in the sum of Rs.1,00,000 (Rupees one lac only) returnable to the Registrar be issued against Gohar Sultan. A separate notice be also given to show cause as to why on setting aside the impugned judgment, sentence awarded to him may not be enhanced.   As no incriminating evidence is available on record against Shajarul Haq alias Feroz, therefore, to his extent petition is dismissed."   Briefly stated, the facts relevant for the disposal of these appeals are that on 18-10-1994 at…
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