2004 PLP 207 (SCMR)
MUHAMMAD ABBAS — Appellant Versus MUHAMMAD YAQOOB and others — Respondents
| Citation | 2004 PLP 207 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Munir A. Sheikh, Qazi Muhammad Farooq and Sardar Muhammad Raza Khan, JJ |
| Parties | MUHAMMAD ABBAS — Appellant Versus MUHAMMAD YAQOOB and others — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2004 PLP 207 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 207 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Munir A. Sheikh, Qazi Muhammad Farooq and Sardar Muhammad Raza Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 207 (SCMR) (MUHAMMAD ABBAS — Appellant Versus MUHAMMAD YAQOOB and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Nawaz Bhatti, Advocate Supreme Court for Appellant.
- Mian Aftab Farrukh, Advocate Supreme Court for Respondents Nos. l to 3.
- Date of hearing: 8t'h May, 2002.
- Sardar Siddique Khan, Advocate Supreme Court for the. State.
Headnotes / Summary
(On appeal from the judgment dated 2-11-1994 passed by the Lahore High Court, Lahore in Criminal Appeal Ko.323 of 1991).
S. 302/34
Constitution of Pakistan (1973), Art. 185
Presence of eye-witnesses at the scene of occurrence was not natural
Recovery of the weapon of offence having been effected in the presence of .the same set of witnesses could not be given any credit-- Murder appeared to have taken place somewhere else and the dead body was thrown in the "Nullah", the alleged place of occurrence- --Finding of acquittal recorded by the High Court was in accordance with the principles for safe administration of criminal justice and the same did not suffer from any illegality -Grounds prevailing with the High Court were neither fanciful nor shocking to the conscience
Appeal was dismissed accordingly. Sardar Siddique Khan, Advocate Supreme Court for the. State.
Judgment & Decree
MUNIR A. SHEIKH, J.
This appeal by leave of the Court is directed against the judgment dated 2-11-1994 passed by the Lahore High Court, whereby the appeal filed in the respondents/convicts against their conviction and sentence under section 302/34, P.P.C. has been accepted and they have been acquitted of the charge.
2. The main reason which prevailed with the learned Division Bench of the High Court was that the presence on the spot of the two eye-witnesses, namely, Muhammad Mansha P.W.7 and Muhammad Abbas P.W.4 was not proved as they were not natural witnesses. Muhammad Abbas in his evidence has admitted that usually he did not accompany his father while bringing the milk from village but he was accompanying his father on the day of occurrence on his own request. Muhammad Mansha who is the other eye-witness admitted that he close d his shop situated in Sheikhupura earlier than the routine closing hours because he wanted td go to his village in the company of Muhammad Sardar who was murdered some days after the occurrence. It is in the evidence of 1'.W.11 who is the Investigating Officer that there were other passages to approach the village which were shorter than the passage which Muhammad Mansha and other witnesses used on the day of occurrence. Neither the recovery of the weapon of offence in this case could be given any credit as the same set of witnesses were the recovery witnesses and the presence of eye-witnesses Muhammad Mansha and Muhammad Abbas was also not natural at the spot. It appears that the murder in fact took place somewhere else and the dead body of the deceased was thrown in the Nullah where it has been alleged that the occurrence took place.
3. After examining the record and hearing the learned counsel for the, parties, we are of the considered view that the findings recorded by the learned Division Bench of the High Court are in accordance with the principles laid down by the superior Courts for safe administration of criminal justice and the same do not suffer from any illegality. The grounds which prevailed with the High Court are neither fanciful nor they are shocking to the conscience.
4. For the foregoing reasons, we do not find any merit in this appeal which is accordingly dismissed. N.H.Q./M-548/S Appeal dismissed.