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Petitioner: MUHAMMAD KHAN VS Respondent: MUZAFFAR KHAN And 5 Other
Court Name: Supreme Court of Pakistan Judge(s): Shafi-ur-Rehman, Saad Saood Jan Title: MUHAMMAD KHAN vs MUZAFFAR KHAN And 5 Other Case No.:Criminal Petition for Special Leave to Appeal Nos. 16 and 22 of 1983 M.R. No.
103 of 1980 r. R. No. 37 of 1981 P.S.L.A. No. 16 of 1983 Appeal No. 22 of 1983 Date of Judgment:1987-07-27 Reported As: 1987 SCMR 1915 Result: Order accordingly Judgment ORDER SHAFIUR RAHMAN, J.-- Subject to what is stated in para. 2 leave to appeal is granted in both the petitions to examine the following questions: - (i) Whether the evidence which resulted in the acquittal of three accused by the trial Court could, without any other incriminating factor, be taken to be sufficient for convicting two others? (ii) Whether the corroborative evidence of the recovery of the empties, and their matching with the recovered weapons has been not 'rejected on unsupportable grounds? (iii) Whether it was not a case of common intention of the two convicts? 2. Leave to appeal is refused against the acquittal of Yaqoob, Khalas and Sattar respondents in Criminal Petition No.16 of 1983 for the witnesses being interested -no other corroborative evidence was forthcoming. 3. Hidayat shall not to be released from prison pending the hearing of these appeals.