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Petitioner: JUMMA VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Sheikh Hakim Ali, Muhammad Moosa K. Laghari Title: JUMMA vs THE STATE Case No.: Jail Petition No, 176 of 2008 Date of Judgment:2009-04-03 Reported As: 2011 SCMR 1428 Result: Leave granted
Judgment ORDER ' This jail petition for leave to appeal arises out from the judgment dated 2-7-2008, passed by the Lahore High Court, Bahawalpur Bench, Bahawalpur, whereby sentence of death awarded to the petitioner by learned Sessions Jude, Rahimyar Khan for causing the murder of Mst. Ganwar Mai and injuries to informant, namely, Muhammad Afzal, was confirmed and the Murder Reference was replied in affirAmative. 2. Learned counsel contends that death sentence was awarded on the statement of single eye- witness viz. The complainant Muhammad Afzal, whose evidence is not of unimpeachable character. The said witness does not appear to be credible and trusted to be true. There is a conflict between the ocular evidence and the medical evidence. 3.After hearing the learned Advocate Supreme Court for the petitioner and learned DPG, we are of the view that the evidence IA requires to be reappraised. In the circumstances, leave is granted.