| Citation(s) |
|---|
| 2008 SLG 2131 2008 SLD 2131 2008 SCMR 1040 |
Supreme Court of Pakistan
Criminal Appeal No.90 of 2002, decision dated: 7-01-2005.(On appeal against the judgment, dated 16-3-2001 passed by the Lahore High Court, Lahore in Criminal Appeal No.592 of 1994)
IFTIKHAR MUHAMMAD CHAUDHRY, RANA BHAGWANDAS AND MIAN SHAKIRULLAH, JAN, JJ
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Criminal Appeal No.90 of 2002, decision dated: 7-01-2005.(On appeal against the judgment, dated 16-3-2001 passed by the Lahore High Court, Lahore in Criminal Appeal No.592 of 1994)
IFTIKHAR MUHAMMAD CHAUDHRY, RANA BHAGWANDAS AND MIAN SHAKIRULLAH, JAN, JJ
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MUHAMMAD ASLAM and 3 others
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)---Ss. 364/149 & 148---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to accused to reappraise the evidence to satisfy whether the conviction and sentence awarded to them was sustainable. (b) Penal Code (XLV of 1860)--- ----Ss. 364/149 & 148---Appraisal of evidence---Varying statements of eye-witnesses had made their presence at the place of occurrence at the relevant time doubtful---Eye-witnesses were admittedly interested in the prosecution case and in the absence of any corroboration their testimony could not be safely accepted---Even the investigation in the case was not properly conducted---Investigating Officer had not made any effort to effect the incriminating recoveries including the blood-stained earth, crime-empties, traces of dragging the abductees by the accused and even the pieces of the dead bodies which had been thrown into the canal---Accused were extended the benefit of doubt and ,acquitted in circumstances. (c) Penal Code (XLV of 1860)--- ----Ss. 364/149 & 148---Appreciation of evidence---Interested witness, evaluation of---Principles---Statement of an interested witness can be considered to be a strong incriminating evidence against the accused, provided it is established that he had no motive or personal vengeance to involve the accused in the commission of the offence. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.--- This appeal by leave of the Court has been filed against the judgment dated 16th March, 2001 passed by the Lahore High Court, Lahore in Criminal Appeal No.592 of 1994. 2. Precisely stating facts of the case are that Mst. Akhtari wife of Muhammad Aslam and Mst. Surriyya wife of Ashiq son of Latif disappeared from their respective houses and returned after 8/10 days. Mushtaq alias Haji was suspected of having hand in disappearance of the ladies from their houses. Haji Mushtaq alias Haji and his father Rehmat came to know that women were murdered by their relatives. They summoned P.Ws. Liaqat Ali and Muhammad Aslam and told them about the information received in respect of murder of both the women at the hands of their relatives and in order to inform the police about the…
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