Dr. Muhammad Bashir vs Muhammad Munir and Muhammad Saeed — 1971 PLD 447

Citation: 1971 PLD 447

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as PLD 1971 Supreme Court 447

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Waheeduddin Ahmad, Hamoodur Rahman, Mujibur Rahman Khan, Sajjad JUDGMENT Reported As: PLD 1971 Supreme Court 447 Result: Appeal accepted Judgment JUDGMENT SAJJAD AHMAD, J.--Dr. Muhammad Bashir, the appellant herein, was tried, along with his brother, Muhammad Munir, and a relation, Muhammad Saeed, on charges of entering into a criminal conspiracy, robbing and murdering one, Fazal Muhammad, and causing the evidence of the murder to disappear in furtherance of their common intention (sections 120-B, 395/34, 302/34 and 201/34, P. P. C.). The trial Judge (Additional Sessions Judge, Lyallpur) found the prosecution evidence to be insufficient to sustain the charges other than that of murder against the appellant alone, who was held guilty and sentenced to death, and to pay a fine of Rs, 10,000, or, in default of payment, to suffer two years' rigorous imprisonment. The appellant's appeal in the High Court has failed, and his sentence of death has been confirmed. There is no ocular evidence in the case. The appellant's conviction has been based primarily on the accomplice testimony of P. W. Ata Muhammad, who was granted pardon and turned an approver. His testimony was sought to be supported by some items of corroborative evidence, which will be examined hereafter. The relevant facts of this episode, as alleged by the prosecution, are as follows:-- The deceased was a partner of the aforesaid Ata Muhammad in a commission agency…

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