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Petitioner: MUHAMMAD ASLAM And Others VS Respondent: The STATE
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Saad Saood Jan, S. A. Nusrat Title: MUHAMMAD ASLAM And Others vs The STATE Case No.: Criminal Petition No. 267 of 1982 Criminal Appeal No. 388 of 1981 Date of Judgment:1987-02-16 Reported As: 1987 SCMR 760 Result: Petition dismissed
Judgment ORDER S.A. NUSRAT, J.--Leave to appeal is sought by the petitioners herein from the judgment of the Lahore High Court, dated 26-5-1982 whereby their criminal appeal challenging the judgment of the trial Court convicting and sentences them to life imprisonment with fine under sections 302/34 and 307/34, P.P.C. Was dismissed. 2. In the occurrence which had taken place in village Talwara District Lahore on 28-7-1980 one Zulfikar A.I was killed and Abdul Khaliq (P.W.8) was injured. The prosecution examined three eye- witnesses of which Abdul Khaliq was admittedly neither related nor was found to be in any manner inimical to the petitioners /accused. The deceased had suffered as many as 18 injuries on his person out of which injury No: 1 was caused by fire-arm and the rest by sharp-edged weapon. The ocular testimony furnished by the prosecution witnesses was believed by the trial Court and affirmed by the High Court. 3. The only contention raised by the learned counsel before us was that the evidence was notworthy of reliance and was not properly appreciated. This argument turns only on the question of appreciation of evidence. 4. After hearing the learned counsel and going through the record we are satisfied that there has been no infraction of any rule or principle of law governing appreciation of evidence in the criminal cases. We, therefore, find no substance in the petition, which is dismissed.