| Citation(s) |
|---|
| 2007 SLG 1433 2007 SLD 1433 2007 SCMR 1498 |
Supreme Court of Pakistan
Jail Petition No.455 of 2002, decision dated: 10-02-2005
HAMID ALI MIRZA AND MUHAMMAD NAWAZ ABBASI, JJ
M. Zaman Bhatti, Advocate Supreme Court for Petitioner. Nemo for
Respondents
Jail Petition No.455 of 2002, decision dated: 10-02-2005
HAMID ALI MIRZA AND MUHAMMAD NAWAZ ABBASI, JJ
M. Zaman Bhatti, Advocate Supreme Court for Petitioner. Nemo for
Respondents
ZAHID HUSSAIN alias ZAHIDA
VS
THE STATE
Law:
Section:
Penal Code (XLV of 1860)--- ----Ss. 302/34, 324/34 & 353/34---Anti-Terrorism Act (XXVII of 1997), S.7---Constitution of Pakistan (1973.), Art.185(3)---No describable contradiction and discrepancy in the 'evidence or lacuna in the prosecution case creating doubt qua the participation and identification of the accused and his guilt, was available on the record---Material facts determining the guilt of accused beyond doubt had been established---Witnesses being members of police force having been attacked while on patrol duty in the area, their presence at the spot was quite natural and they had no personal reason or motive against the accused to substitute him with ' the unknown culprit on their own or at the instance of their superiors---Witnesses had consistently supported the prosecution case as set up in the F.I.R. and without any omission or addition they had categorically stated that the accused and his companions while reaching at the scene armed with kalashnikovs opened firing at the police officials as a result of which an A.S.-I. and a constable lost their lives whereas the complainant and a constable luckily survived---Direct and natural evidence of injured witnesses had sufficiently established the charge against the accused---Leave to appeal was refused to accused in circumstances. JUDGMENT MUHAMMAD NAWAZ ABBASI, J. --- This jail petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan has been directed against the judgment, dated 22-10-2002 passed by a Divisidn Bench of Lahore High Court, Multan Bench, in an appeal preferred by the -Petitioner against the conviction and sentence of death and various other sentences awarded to him by the Special Court established under the Anti-Terrorism Act, 1997, at Multan which were maintained by the High Court in appeal. 2. The occurrence in the present case took place at 2 p.m. in Phatian Wali Mauza Piran Ghaib in the area of Police Station Sital Mari, Multan in which Ghulam Rasool Shah, A.S.-I. and Muhammad Arshad, constable were murdered whereas Muhammad Yousaf and Tayyab constables, were injured. The case was registered against the -Petitioner and his co-accused under sections…
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