Case Details

Citation(s)
2008 SLG 1554 2008 SLD 1554 2008 SCMR 251
Supreme Court of Pakistan
Cr.P.L.A. No.187-L of 2006, decision dated: 5-04-2006.(On appeal from the judgment of the Lahore High Court, Bahawalpur Bench, dated 23-2-2006 passed in Criminal Appeal No.170 of 2002 and Murder Reference No.56 of 2002)
TASSADUQ HUSSAIN, JILLANI AND NASIR-UL-MULK, JJ
M. Ozair Chughtai, Advocate-on-Record for Petitioners. Nemo for
Respondent

MUHAMMAD NASAR and anothers

VS

THE STATE

Law:

Section:

Penal Code (XLV of 1860)---S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Petitioners sought leave to appeal against of Division Bench of High Court whereby appeal of petitioners against their conviction and sentence under S.302(b), P.P.C. was dismissed and sentence of death awarded to them was maintained---Both courts had concurrently held that prosecution case to the extent of petitioners inspired confidence; that the testimony of witnesses was consistent on material particulars; and that eye-witnesses, though related, were natural witnesses---Said witnesses were subjected to lengthy cross-examination, but their credibility insofar as the role attributed to petitioner was concerned, could not be shattered---Incident was a broad daylight occurrence--- Both petitioners/accused were specifically named in the F.I.R. and. they were attributed the fatal shots---Prosecution during the trial was able to prove the story as set out in the F.I.R. so far as the petitioners were concerned---Counsel for petitioners had not been able to refer to any piece of evidence, which, If considered, could persuade the court to interfere with the concurrent findings of guilt---No evidence was led during the trial to the effect that one of the petitioners was a student studying in a school or that he was a minor---Impugned s were unexceptionable---Petition for leave to appeal lacking in merit was dismissed. ORDER TASSADUQ HUSSAIN JILLANI, J.--- Petitioners seek leave to appeal against the judgment, dated 23-2-2006 vide which a learned Division Bench of the Lahore High Court dismissed petitioners' appeal and maintained the conviction of the petitioners under section 302(b), P.P.C. and sentence of death for the murder of Abdur Razzaq and Muhammad Arneer (in case registered vide F.I.R. No.170 of 2000, dated 31-7-2000 under sections 302/34, 109, P.P.C. Police Station Minchanabad). In all nine accused were tried by the Additional Sessions Judge, Chishtian and while acquitting the rest both the petitioners were convicted and sentenced in terms noted above. 2. Learned counsel for the petitioners seek leave on the ground that there are contradictions in the statements of the…
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