1968 P Cr (PLP)
ZAIL BAHADUR AND ANOTHER-Petitioners Versus THE STATE-Respondent
| Citation | 1968 P Cr (PLP) |
| Forum / Court | Supreme Court |
| Bench Members | Single Bench |
| Parties | ZAIL BAHADUR AND ANOTHER-Petitioners Versus THE STATE-Respondent |
Q1: What are the key laws and sections cited in 1968 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1968 P Cr (PLP)?
The case was heard and decided by the Supreme Court bench comprising: Honorable Judges.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1968 P Cr (PLP) (ZAIL BAHADUR AND ANOTHER-Petitioners Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mian Ziaud Din, Advocate Supreme Court instructed by M. Qasim Imam, Attorney for Petitioners.
- Date of hearing : 27th March 1968.
Headnotes / Summary
(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar, dated 13-2.1968, in Criminal Appeal No. 95/ 1967). Penal Code (XLV of 1860), S. 302-Corroborative evidence in shape of ocular testimony provided by prosecution witnesses highly interested and witnesses close relations of deceased-Report lodged by one accused also used as corroborative evidence-Admis sibility of such evidence held, doubtful-Special Leave to Appeal granted by Supreme Court.
Judgment & Decree
SAJJAD AHMAD, J..-The petitioners, Zail Bahadur and Muhammad Ayub were tried with three others under sections 148, 302/149 and 307/149 (three counts), P. P. C. All were convicted on all the counts. Zed Bahadur was sentenced to death and Ayub and others to transportation for life on the murder charge in addition to various terms of imprisonment on the other charges. In the appeal to the High Court the accused other than the petitioners were acquitted for lack of corroborative evidence to support the ocular testimony which was provided by P. Ws. Sangin Khan, Mehrdil Khan Galib, who were not only highly interested as close relations of the deceased but were admittedly on the bitterest of terms with the accused party. In the case of the petitioners the report made by Muhammad Ayub petitioner (copy Exh. P. A./E.) where by he reported an attack on himself and Zail Bahadur by Khan Galib and Mehrdil P. Ws. the same day has been used as furnishing corroborative proof of the guilt of the petitioners. The deceased Palis received one fire-arm injury on the forehead " in diameter which presumably is a pellet injury, for which 5 persons were charged, 3 of whom have been acquitted rejection of the same evidence which has been accepted against the petitioners. The use of Ayub' s report against the petitioners as a piece of corroborative evidence is of doudtful value, the admissibility of which is also not free from doubt. We allow this petition for leave to appeal. Leave granted.