2007 PLP 1758 (SCMR)
HABIBULLAH and another — Petitioners Versus THE STATE — Respondent
| Citation | 2007 PLP 1758 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Khalil-ur-Rehman Ramday and Tassaduq Hussain Jillani, JJ |
| Parties | HABIBULLAH and another — Petitioners Versus THE STATE — Respondent |
| Primary Law | (b) Penal Code (XLV of 1860), (a) Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2007 PLP 1758 (SCMR)?
This judgment primarily cites: (b) Penal Code (XLV of 1860), (a) Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1758 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Khalil-ur-Rehman Ramday and Tassaduq Hussain Jillani, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1758 (SCMR) (HABIBULLAH and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Niar Ahmed Rathore, Advocate Supreme Court for Petitioners.
- G.N. Gohar, Advocate Supreme Court for the State.
- 2. Five empties had been recovered from the spot and the report of Forensic Science Laboratory was that three of them had been fired from. the pistol allegedly recovered at the instance of Habibuliah convict while the remaining two "had been fired through the weapon allegedly recovered at the instance of Umar Hayat convict. This could have offered the corroboration required for the purpose but then it was admitted by the Investigating Officer, namely, Jahan Khan (P.W.12) that the Raga D.S.P. had sent him a Robkar on 10-8-2000 i.e. two days after the occurrence calling upon him to procure blood-stained earth and crime-empties and to take them into possession. it was further admitted by the said Investigating Officer that on 12-8-2000, he had received a further Robkar from the said D.S.P. asking for the compliance report with respect to his said earlier Robkar and that it was on 12-8-2000 that he submitted the report to the said D.S.P. verifying compliance thereof. It is submitted by the learned Advocate Supreme Court for the convict that vi this view of the matter, the availability of the said five crime-empties at the place of occurrence and their alleged recovery on 8-8-2000, was a more than doubtful affair and that in the circumstances, no reliance could be placed on the said piece of evidence.
Headnotes / Summary
(On appeal from the judgment, dated 26-i-2006 of the Lahore High Court, Lahore passed in Criminal Appeal No.373. of 2001).
S. 302
Constitution of Pakistan (1973), Art.185(3)
Enmity between the parties stood admitted on record
Consequently, implicit reliance could not be placed on the testimony offered by the eye-witnesses unless the same was corroborated by some other piece of evidence emanating from independent sources.
S. 302
Constitution of Pakistan (1973), Art.185(3)
Leave to appeal was granted to convicted accused where availability of crime-empties at the place of occurrence and their alleged recovery was a more than doubtful affair and in circumstances, no reliance could be placed on the said piece of evidence
Wound of entrance on the body of the deceased was a further circumstance which also warranted examination of the evidence available on record. G.N. Gohar, Advocate Supreme Court for the State.
Judgment & Decree
KHALIL-UR-REHMAN RAMDAY, J.
The two petitioners are first cousins inter se. A brother and a father" of the deceased of the present case had earlier murdered the father of Habibullah convict for which they were punished and had since come out of jail after suffering the sentences of imprisonment awarded to them. The enmity between the parties thus, stood admitted on record. Consequently, implicit reliance could not be placed on the testimony offered by the eye-witnesses unless the same was corroborated by some other pieces of evidence emanating from independent sources.
2. Five empties had been recovered from the spot and the report of Forensic Science Laboratory was that three of them had been fired from. the pistol allegedly recovered at the instance of Habibuliah convict while the remaining two "had been fired through the weapon allegedly recovered at the instance of Umar Hayat convict. This could have offered the corroboration required for the purpose but then it was admitted by the Investigating Officer, namely, Jahan Khan (P.W.12) that the Raga D.S.P. had sent him a Robkar on 10-8-2000 i.e. two days after the occurrence calling upon him to procure blood-stained earth and crime-empties and to take them into possession. it was further admitted by the said Investigating Officer that on 12-8-2000, he had received a further Robkar from the said D.S.P. asking for the compliance report with respect to his said earlier Robkar and that it was on 12-8-2000 that he submitted the report to the said D.S.P. verifying compliance thereof. It is submitted by the learned Advocate Supreme Court for the convict that vi this view of the matter, the availability of the said five crime-empties at the place of occurrence and their alleged recovery on 8-8-2000, was a more than doubtful affair and that in the circumstances, no reliance could be placed on the said piece of evidence.
3. The receipt of the wound of entrance on the body of the deceased was a further circumstance which also warranted examination of the evidence available on record.
4. In view of "the said reasons and others, this petition is allowed and leave granted for the purpose. M.B.A./H-12/SC Leave granted.